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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: KIMBERLY A. JACKSON Indianapolis, Indiana

FILED
Apr 21 2011, 8:39 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana GARY R. ROM Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
STEPHEN C. WOOD, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 28A01-1009-CR-515

APPEAL FROM THE GREENE CIRCUIT COURT The Honorable Erik C. Allen, Judge Cause No. 28C01-1004-FB-64

April 21, 2011 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

Stephen C. Wood appeals his conviction of and sentence for Class B felony conspiracy to commit dealing in methamphetamine.1 We affirm. FACTS AND PROCEDURAL HISTORY On April 1, 2010, Wood, Michael O'Banion, and David Johnson were at the home of Johnson's father, near a wooded area in Greene County. Officer Ryan Van Horn was hunting mushrooms in the adjacent woods when he saw Wood and Johnson carrying duffle bags into the woods. After speaking with Johnson regarding the trio's activity, Officer Van Horn obtained Johnson's permission to search the residence. He found a green tank that held anhydrous ammonia, a can of camp fuel, two pipe wrenches, a salt container, a box of pseudoephedrine pills, a package of lithium batteries, wire cutters, drain cleaner, vinyl tubing, and two empty glass jars. Officer Van Horn identified all of those items as supplies used in the manufacture of methamphetamine. Officer Van Horn spoke with Wood, O'Banion, and Johnson at the scene, and Wood indicated he had salt and a pipe wrench and he thought the bag he was carrying contained the tank with anhydrous ammonia. Wood was charged with Class B felony attempted dealing in methamphetamine2 and class B felony conspiracy to commit dealing in methamphetamine. After a jury trial, Wood was convicted of both charges. To avoid double jeopardy, the trial court entered a judgment of conviction of Class B felony conspiracy to commit dealing in methamphetamine and pronounced an eighteen-year sentence, all executed.

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Ind. Code

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