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Graffenread v. State

Court of Appeals of Indiana

July 17, 2014

CARLIN GRAFFENREAD, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Amy M. Jones, Judge, The Honorable David Hooper, Commissioner. Cause No. 49F08-1302-CM-10681.

ATTORNEY FOR APPELLANT: MATTHEW D. ANGLEMEYER, Marion County Public Defender, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; JAMES B. MARTIN, Deputy Attorney General, Indianapolis, Indiana.

BARNES, Judge. BAKER, J., and CRONE, J., concur.

OPINION

Page 497

BARNES, Judge

Case Summary

Carlin Graffenread appeals the trial court's denial of his motion to defer his dealing in marijuana charge. We affirm.

Page 498

Issue

The sole issue before us is whether Indiana Code Section 35-48-4-12 allows for the deferral of a dealing in marijuana charge.

Facts

On February 1, 2013, an officer found a plastic bag containing approximately twenty-six grams of marijuana, a metal grinder, a digital scale, and a box of plastic bags in Graffenread's car, which was parked on the shoulder of I-70 in Indianapolis. Graffenread was charged with possession of marijuana and dealing in marijuana, both Class A misdemeanors. The charges read in part as follows:

Count I: On or about February 1st, 2013, in Marion County, State of Indiana, the following named defendant, CARLIN GRAFFENREAD, did knowingly possess, with intent to deliver, a Controlled Substance, that is: ...

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