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Bowman v. State

Court of Appeals of Indiana

May 26, 2015

William Bowman, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Fayette Circuit Court; The Honorable Beth A. Butsch, Judge; 21C01-1310-FA-768.

ATTORNEY FOR APPELLANT: Leanna Weissmann, Lawrenceburg, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; George P. Sherman, Deputy Attorney General, Indianapolis, Indiana.

May, Judge. Barnes, J., and Pyle, J., concur.

OPINION

May, Judge.

[¶1] William Bowman appeals his conviction of and sentence for Class A felony dealing in a narcotic within 1,000 feet of a school[1] and his adjudication as an habitual offender.[2] As the State did not prove Bowman committed Class A felony dealing in a narcotic within 1,000 feet of a school, we reverse.

Facts and Procedural History

[¶2] On October 29, 2012, Ciji Angel, who had previously agreed to be a confidential informant, contacted Detective Scott Phillips. She claimed she had just purchased heroin from Bowman, with whom she periodically lived. She offered

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to complete a controlled buy of heroin from Bowman. Detective Phillips agreed and met Angel in the parking lot of an elementary school located not far from where Angel and Bowman lived.

[¶3] When Detective Phillips arrived, Angel gave him heroin that she claimed Bowman had sold to her earlier that day. Detective Phillips then searched Angel's purse and pockets, performed a pat down, and placed an audio/video recording device in Angel's purse. He did not search inside Angel's clothes because a female officer was not present. He gave Angel $160.00 in unmarked money and directed her to complete the controlled buy.

[¶4] Angel went to Bowman's apartment and came back with a substance in a baggie. Angel gave it to Detective Phillips, who did not field test it but testified it " look[ed] like heroin." (Tr. at 157.) The substance was not tested by the crime laboratory. The State charged Bowman with Class A felony dealing in a narcotic within 1,000 feet of a school, and it alleged Bowman was an habitual offender.

[¶5] On March 18, 2014, a jury found Bowman guilty as charged and adjudicated him an habitual offender. On April 11, the trial court sentenced ...


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