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Bookwalter v. State

Court of Appeals of Indiana

December 9, 2014

STUART BOOKWALTER, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Page 736

APPEAL FROM THE TIPPECANOE CIRCUIT COURT. The Honorable Donald L. Daniel, Judge. Cause No. 79C01-1301-FA-2.

ATTORNEY FOR APPELLANT: BRUCE W. GRAHAM, Graham Law Firm P.C., Lafayette, Indiana.

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

BAILEY, Judge. NAJAM, J., and PYLE, J., concur.

OPINION

Page 737

BAILEY, Judge

Case Summary

Stuart Bookwalter (" Bookwalter" ) was convicted after a jury trial of Dealing in a

Page 738

Narcotic Drug, as a Class A felony; [1] Possession of a Narcotic Drug, as a Class C felony; [2] Possession of a Syringe, as a Class D felony; [3] and Possession of Paraphernalia, as a Class A misdemeanor.[4] Bookwalter was also adjudicated to be a habitual substance offender.[5] He now appeals.

We affirm in part, reverse in part, and remand.[6]

Issues

Bookwalter presents several issues for our review, which we reorder and restate as:

I. Whether there was sufficient evidence to support Bookwalter's conviction for Possession of a Syringe;
II. Whether there was sufficient evidence to support Bookwalter's conviction for Dealing in a Narcotic Drug; and
III. Whether Bookwalter's convictions for Dealing in a Narcotic Drug and Possession of a Narcotic Drug were barred on double jeopardy grounds.

Facts and Procedural History

On January 17, 2013, acting on information obtained from a confidential informant, Lafayette Police Department officers were monitoring Bookwalter's travel from the Chicago, Illinois area. On the afternoon of that day, Bookwalter was observed by police traveling back from Illinois into Lafayette.

Police followed Bookwalter's vehicle to an AOK Campground in Lafayette. Troy Cudworth (" Cudworth" ), a friend of Bookwalter's, lived at the campground with an uncle. Bookwalter had sent a text message to Cudworth offering Cudworth some heroin. ...


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