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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: R. PATRICK MAGRATH Alcorn Goering & Sage, LLP Madison, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana AARON J. SPOLARICH Deputy Attorney General Indianapolis, Indiana

FILED
Jun 14 2012, 9:21 am
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
SALVADOR S. CASTRO, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 39A04-1107-CR-344

APPEAL FROM THE JEFFERSON CIRCUIT COURT The Honorable Ted R. Todd, Judge Cause Nos. 39C01-1009-FA-94, 39C01-1010-CM-124

June 14, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Salvador S. Castro ("Castro") pleaded guilty to dealing cocaine1 as a Class A felony, conspiracy to commit dealing cocaine2 as a Class A felony, and carrying a handgun without a license3 as a Class A misdemeanor and was given an aggregate sentence of twenty-six years executed. He appeals, raising the following restated issue: whether the trial court abused its discretion in failing to suspend any portion of his sentence. We affirm. FACTS AND PROCEDURAL HISTORY Moria Grigsby4 ("Grigsby") began using cocaine in June 2010 when Castro and Castro's brother, Nicholas, who also happened to be her boyfriend, introduced her to the drug. On September 8, 2010, Detective Tyson Eblen of the Madison Police Department ("Detective Eblen") set up a controlled buy of cocaine from Grigsby, where Detective Eblen and a confidential informant ("CI") purchased 3.5 grams of cocaine from her with Nicholas present for the exchange. Grigsby obtained the cocaine from Castro, who would drive to Columbus every week to purchase the cocaine. Castro would cut the cocaine with Tylenol pills to increase the amount he could sell and would weigh and package the substance. On September 10, 2010, Detective Eblen set up another

controlled buy using the same CI, where the detective exchanged $350 for 3.5 grams of
1

See Ind. Code

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