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Miles v. State

Court of Appeals of Indiana

February 28, 2014

DEBRA SUE MILES, 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 VANDERBURGH SUPERIOR COURT. The Honorable Robert J. Pigman, Judge. Cause No. 82D02-1110-FA-1104.

ATTORNEY FOR APPELLANT: MATTHEW J. McGOVERN, Anderson, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; MICHAEL GENE WORDEN, Deputy Attorney General, Indianapolis, Indiana.

MAY, Judge. VAIDIK, C.J., concurs. RILEY, J., dissents with separate opinion.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge.

Debra Sue Miles appeals her conviction of Class A felony dealing in methamphetamine.[1] She argues the State did not present sufficient evidence she committed the crime. We affirm.

FACTS AND PROCEDURAL HISTORY

On October 2, 2011, police arrived at Miles' apartment in search of a person believed to be staying there with her son, Larry. When police arrived, they smelled an odor consistent with the manufacture of methamphetamine. Police knocked on the door of Miles' apartment for ten to fifteen minutes, and heard rustling around and whispering inside the apartment. The police used a battering ram to open the door.

Once inside they found Miles, Debra Monyhan, and Larry on a bed just inside the front door in varioius rooms in the apartment. Police found items indicative of methamphetamine manufacturing, including red flakes indicative of ground pseudoephedrine pills, Liquid Fire, multiple containers of salt, an HCl generator, and coffee filters. The police also found methamphetamine, methadone, and marijuana in the apartment. In the alley near Miles' apartment, the police found other precursors and a trash bag containing what responding Officer Dave Barron testified was a " one-pot meth lab" (Tr. at 195) inside.

The State charged Miles with two counts of Class A felony dealing in methamphetamine, Class D felony possession of a controlled substance,[2] and Class A misdemeanor possession of marijuana.[3] The State also alleged Miles was an Habitual Offender. At the end of Miles' jury trial, the trial court dismissed all the charges except one count of Class A felony dealing in methamphetamine. The jury found Miles guilty and Miles pled guilty to being an Habitual Offender. The court ...


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