Appeal from the Henry County Court 2. The Honorable Kit C. Dean Crane, Judge. Cause No. 33C02-1307-FA-39.
ATTORNEY FOR APPELLANT: Cara Schaefer Wieneke, Wieneke Law Office, LLC, Plainfield, Indiana.
ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Justin F. Roebel, Deputy Attorney General, Indianapolis, Indiana.
Friedlander, Judge. Baker, J., and Najam, J., concur.
[¶1] Bruce Schaadt was convicted of two counts of class A felony Dealing in Methamphetamine Within 1000 Feet of a Family Housing Complex and one count of class D felony Maintaining a Common Nuisance. The trial court sentenced him to an aggregate term of forty years in prison. Schaadt challenges his sentence on appeal, raising the following restated issues:
1. Does the savings clause of the 2014 criminal code revision violate the Equal Privileges and Immunities Clause of the Indiana Constitution?
2. Is Schaadt's forty-year sentence inappropriate in light of his character and the nature of his offenses?
[¶2] On April 16 and 17, 2013, a confidential informant (CI) working with the Henry County Drug Task Force bought methamphetamine in two separate controlled buys from Schaadt and his girlfriend, Jessica Rinehart. The buys took place at the New Castle Inn, in a room where Schaadt and Rinehart were staying. The female CI contacted Rinehart to arrange the buys before arriving at the motel. Although the CI handed the buy money to Rinehart each time, Rinehart immediately turned it over to Schaadt. Moreover, in each exchange, Schaadt retrieved methamphetamine from a bag and gave it to Rinehart, who then handed it to the CI. The first buy involved .38 grams of methamphetamine and the second was .13 grams.
[¶3] On July 26, 2013, the State charged Schaadt with two counts of dealing in methamphetamine within 1000 feet of a family housing complex, a class A felony, and one count of maintaining a common nuisance, a class D felony. Following a jury trial, which concluded on July 31, 2014, Schaadt was found guilty as charged. The trial court subsequently sentenced him to concurrent terms of forty years for each class A felony and three years for the class D felony. Schaadt appeals his sentence.
[¶4] Schaadt initially mounts a constitutional challenge, claiming the savings clause of the 2014 criminal code revision violates the Equal Privileges and Immunities Clause, article 1, section 23 of the Indiana Constitution. Specifically, he observes that under the revised criminal code, his dealing conviction would constitute a Level 5 offense subject to a maximum prison term of six years. See Ind. Code Ann. § 35-50-2-6(b) (West, Westlaw current with all legislation of the 2015 1st Regular Session of the 119th General ...