Devon L. Hunter, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Lake Superior Court The Honorable Salvador Vasquez,
Judge, Cause No. 45G01-1401-FA-1
Attorneys for Appellant James H. Voyles, Jr. Tyler D. Helmond
Voyles Zahn & Paul Indianapolis, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Michael G. Worden Deputy Attorney General
Sharpnack, Senior Judge
Statement of the Case
Devon Hunter appeals his conviction and sentence on three
counts of dealing in cocaine, all as Class A
felonies; one count of possession of cocaine as a
Class B felony; and one count of maintaining a common
nuisance as a Class D felony.We affirm in part and reverse and
remand in part with instructions.
[¶2] Hunter presents three issues for
our review, which we restate as:
I. Whether the trial court erred by admitting video and audio
recordings into evidence.
II. Whether Hunter's convictions violate the double
jeopardy provision of the Indiana Constitution.
III. Whether the trial court erred in sentencing Hunter by
failing to find a mitigating factor proposed by him.
and Procedural History
The facts most favorable to the verdict show that on three
occasions Hunter sold cocaine to a confidential informant
(CI), and, on another occasion, he was stopped in his vehicle
and found to be in possession of cocaine. Based upon the
facts surrounding these offenses, Hunter was charged with
three counts of dealing in cocaine, one count of possession
of cocaine, and one count of maintaining a common nuisance.
The charges proceeded to a jury trial, at which Hunter failed
to appear for the final day. The jury found Hunter guilty on
all counts, and the court sentenced him to an aggregate
sentence of ...