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Marley v. State

Court of Appeals of Indiana

September 11, 2014

BRIAN M. MARLEY, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Page 336

APPEAL FROM THE DEARBORN SUPERIOR COURT 1. The Honorable Jonathan N. Cleary, Judge. Cause No. 15D01-1305-FB-20.

ATTORNEY FOR APPELLANT: LEANNA WEISSMAN, Lawrenceburg, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, KARL M. SCHARNBERG, Deputy Attorney General, Indianapolis, Indiana.

MATHIAS, Judge. RILEY, J., and CRONE, J., concur.

OPINION

Page 337

MATHIAS, Judge

Brian M. Marley (" Marley" ) pleaded guilty in Dearborn Superior Court to Class B felony dealing in oxycodone, a Schedule II controlled substance, and was sentenced to a term of twelve years, with ten years executed and two suspended to probation. On appeal, Marley claims that his sentence is inappropriate in light of the nature of the offense and the character of the offender.

We affirm.

Facts and Procedural History

At the time relevant to this appeal, Marley lived with a woman named Kaitlin Palmer (" Palmer" ). Both Palmer and Marley were addicted to heroin. Marley also had a prescription for oxycodone, an opiate pain-killer and a Schedule II controlled substance. See Ind. Code § 35-48-2-6(b)(1)(O); see also Toney v. State, 961 N.E.2d 57, 60 (Ind.Ct.App. 2012) (noting that oxycodone is an opiate). On February 13, 2013, an undercover police officer in Dearborn County met Palmer through a friend of hers and told her that he was looking to buy drugs for his cousin. Knowing that Marley was willing to sell his oxycodone pills to help fund his heroin addiction, Palmer contacted Marley and told him of the opportunity to sell the pills. Marley met Palmer and sold the undercover officer ten oxycodone pills for $100. Marley and Palmer then took the proceeds from the sale and purchased heroin, which they shared.

Thereafter, Palmer called the undercover officer repeatedly to ask if he wanted to purchase more pills. Eventually, Palmer arranged two more sales. The first occurred on March 12, 2013. On that date, Marley drove Palmer to a nearby Walmart parking lot and met with the undercover officer. Palmer then sold the officer five

Page 338

oxycodone pills for $50. A similar exchange took place on April 16, 2013, when Marley again drove Palmer to the Walmart parking lot, and she sold eight pills to ...


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