Appeal from the Howard Superior Court. The Honorable William C. Menges, Judge. Case No. 34D01-1312-FA-975.
ATTORNEY FOR APPELLANT: Donald E.C. Leicht, Kokomo, Indiana.
ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana, Graham T. Youngs, Deputy Attorney General, Indianapolis, Indiana.
Vaidik, Chief Judge. Baker, J., and Riley, J., concur.
Vaidik, Chief Judge.
[¶ 1] John Norris sold ten hydrocodone pills for $6 each to a confidential informant during a controlled buy. Norris was charged with a Class A felony and pled guilty to Class B felony dealing in a controlled substance. The trial court sentenced him to twenty years, all executed. Norris now appeals his sentence, arguing that it is inappropriate.
[¶ 2] Although Norris has a criminal history and was on probation when he committed this offense, given the small amount of pills that were sold to a confidential informant during a controlled buy, we find that a twenty-year executed sentence is excessive. We therefore remand this case to the trial court with instructions to impose a sentence of twelve years, with eight years executed in the Indiana Department of Correction and four years suspended to supervised probation.
Facts and Procedural History
[¶ 3] On October 3, 2013, Kokomo Police Department officers worked with a confidential informant (" CI" ) to set up a controlled buy. The CI contacted Norris through text messages and telephone calls and told him that he wanted to purchase " some tabs." Appellant's App. p. 15. Norris was on probation at the time. Norris told the CI that he could sell him ten pills for $6 each. Norris and the CI met at the Walgreens at the intersection of Washington Street and Sycamore Street, which was within 1000 feet of Foster Park.
[¶ 4] At the meeting place, the CI gave Norris $60, and Norris handed him ten hydrocodone pills. The controlled buy was videotaped.
[¶ 5] In December 2013 the State charged Norris with Count 1: Class A felony dealing in a controlled substance (within 1000 feet of a public park) for the October 3rd controlled buy and Count 2: Class A felony dealing in a controlled substance (within 1000 feet of school property) for a controlled buy--also involving ten hydrocodone pills--that occurred the following day with the same CI.
[¶ 6] Norris and the State entered into a plea agreement. Norris pled guilty to Count 1 as a Class B felony. In exchange, the State agreed to dismiss Count 2 as well as petitions to revoke Norris's probation that had been filed in two cause numbers. Id. at 25, 27. Norris's sentence was " left to the discretion of the Court after preparation of a ...