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Thompson v. State

Court of Appeals of Indiana

February 10, 2014

CHARLES THOMPSON, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE HOWARD SUPERIOR COURT. The Honorable Brant Parry, Judge. Cause No. 34D02-1207-FA-165.

ATTORNEY FOR APPELLANT: DONALD E.C. LEICHT, Kokomo, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, CYNTHIA L. PLOUGHE, Deputy Attorney General, Indianapolis, Indiana.

ROBB, Judge. BARNES, J., and BROWN, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

ROBB, Judge.

Case Summary and Issues

Charles Thompson appeals his convictions for dealing in methamphetamine as a Class A felony, and two counts of possession of a controlled substance as Class D felonies. Thompson raises two issues on appeal: 1) whether the trial court erred in entering judgment of conviction on the charge of dealing in methamphetamine; and 2) whether the trial court abused its discretion in the admission of evidence. Concluding that the trial court did not err or abuse its discretion, we affirm.

Facts and Procedural History

In April 2011 Officer Chad VanCamp with the Kokomo Police Department Drug Task Force went to Thompson's residence to serve an arrest warrant for Thompson. Officer VanCamp saw a woman, Holly Patton, in Thompson's driveway and asked her if Jim Smith was inside the house. She answered that he and Thompson were inside, and she went into the house, opening the front door just wide enough to squeeze through. When the door opened, Officer VanCamp detected a strong odor that he associated with the manufacturing of methamphetamine, having previously investigated more than one hundred methamphetamine labs. When Patton, Thompson, and Smith exited the house, VanCamp arrested all three of them.

As Patton, Thompson, and Smith were exiting the house, Detective Shane Melton arrived on the scene and also noticed odors that he associated with methamphetamine labs. Detective Melton then requested and obtained a search warrant. Execution of the warrant revealed methamphetamine, an oxycodone pill, and an unopened fentanyl patch, inside a box stuffed into Thompson's couch.

The State charged Thompson with count I, dealing in methamphetamine as a Class A felony; count II, possession of a controlled substance (fentanyl) as a Class D felony; and count III, possession of a controlled substance (oxycodone) as a Class D felony. The State subsequently filed an information for count IA, possession of methamphetamine as a Class C felony. Thompson was found guilty of all counts following a jury trial, and judgment of conviction was entered on all four charges. At sentencing, the court merged count IA into count I and sentenced Thompson to forty years with ...


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