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 TIPPECANOE CIRCUIT COURT. The Honorable Donald L. Daniel, Judge. The Honorable Steven P. Meyer, Judge Pro Tempore. Cause No. 79C01-1203-FA-00009.
ATTORNEY FOR APPELLANT: TERI A. FLORY, Lafayette, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, MONICA A. TALBOT, Deputy Attorney General, Indianapolis, Indiana.
MATHIAS, Judge. BRADFORD, J., and PYLE, J., concur.
MEMORANDUM DECISION -- NOT FOR PUBLICATION
Steven Cox (" Cox" ) was convicted in Tippecanoe Circuit Court of Class A felony conspiracy to commit dealing in methamphetamine. Cox appeals his conviction and argues that the evidence is insufficient to establish that there was an agreement between Cox and his co-conspirators to manufacture methamphetamine and that he performed an overt act in furtherance of that agreement.
Concluding that Cox's argument is simply a request to reweigh the evidence and the credibility of the witnesses, we affirm.
Facts and Procedural History
In January 2012, certain individuals, including Cox, were manufacturing methamphetamine in an apartment building in Lafayette, Indiana. The apartment building was within one thousand feet of three schools and two family housing complexes.
Lindsay Evans (" Evans" ) resided in one of the five apartments in the building. Philip Santoro (" Santoro" ) was at one point involved in a romantic relationship with Evans. Floyd Idle (" Idle" ) lived in another apartment in the building, and Evans considered Idle to be a father figure. All of these individuals were addicted to methamphetamine and continually manufactured (or assisted in the manufacture of) methamphetamine in Evans' apartment.
On January 30, 2012, Melissa Southern's (" Southern" ) residence was under surveillance pursuant to a tip from a confidential informant that methamphetamine was being manufactured in her home. During the surveillance, a police officer observed Cox and Southern leave the home in Santoro's truck. Cox and Southern purchased pseudoephedrine at a supermarket pharmacy and returned to Southern's home. Southern remained at her home, and Cox picked up Santoro and Santoro's son. Cox and Santoro intended to proceed to Evan's apartment to manufacture methamphetamine. Evans allowed Cox to manufacture methamphetamine in her home in exchange for half of the amount of ...