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Wilkins v. State

Court of Appeals of Indiana

February 24, 2014

RICHARD WILKINS, 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 MARION SUPERIOR COURT. The Honorable Steven R. Eichholtz, Judge. Cause No. 49G20-1205-FB-36455.

ATTORNEY FOR APPELLANT: KIMMERLY A. KLEE, Greenwood, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, ANDREW FALK, Deputy Attorney General Indianapolis, Indiana.

PYLE, Judge. MATHIAS, J., and BRADFORD, J., concur.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

PYLE, Judge.

STATEMENT OF THE CASE

Richard Wilkins (" Wilkins" ) appeals his convictions for Class B felony conspiracy to commit dealing in a narcotic drug[1] and Class B felony dealing in a narcotic drug.[2]

We affirm in part, reverse in part, and remand with instructions.

ISSUES

1. Whether Wilkins' convictions for conspiracy to commit dealing and dealing in a narcotic drug violate the Indiana Constitution's prohibition against double jeopardy.

2. Whether the State produced sufficient evidence to prove beyond a reasonable doubt that Wilkins committed conspiracy to commit dealing in a ...


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