Preview:

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: MATTHEW D. ANGLEMEYER Marion County Public Defender, Appellate Div. Indianapolis, Indiana

FILED
May 25 2012, 8:54 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana IAN McLEAN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
WILLIAM PARGO, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-1104-CR-174

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Steven R. Eichholtz, Judge Cause No. 49G20-0906-FA-217

May 25, 2012 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

William Pargo brings this interlocutory appeal of the grant of the State's second motion to amend the charging information against him. He presents multiple issues for our review, which we consolidate and restate as whether the trial court abused its discretion when it granted the State's motion to amend the charges against Pargo. We affirm. FACTS AND PROCEDURAL HISTORY1 On June 29, 2009, the State charged Pargo with Class A felony conspiracy to commit dealing in cocaine.2 The charging information alleged: WILLIAM PARGO, between April 27, 2009 and June 9, 2009 did, with the intent to commit the felony of dealing in cocaine, agree with WILLIAM PARGO to commit said felony of dealing in cocaine, in an amount greater than three grams, which is to knowingly deliver or finance the delivery of a controlled substance, that is: cocaine, in an amount greater than three grams and that WILLIAM PARGO performed the following overt act in furtherance of the agreement: did order from, negotiate with, meet with and/or did purchase cocaine from WILLIAM PARGO. (App. at 26.) The charges stemmed from a "long-term narcotics, firearms, and gang investigation," (id. at 22), in which the Indianapolis Metropolitan Police Department and the Indiana State Police tapped the phones of Pargo and two other men. The trial court set an omnibus date of September 19, 2009.

1

We heard oral argument on April 17, 2012, in the Morgan County Courthouse in Martinsville, Indiana. We thank Judge Jane Craney, her staff and the Morgan County Bar Association for their hospitality, and counsel for their advocacy. 2 Ind. Code

Download William Pargo v. State of Indiana.pdf

Indiana Law