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Hunter v. State

Court of Appeals of Indiana

March 9, 2017

Devon L. Hunter, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal 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 Indianapolis, Indiana

          Sharpnack, Senior Judge

          Statement of the Case

         [¶1] Devon Hunter appeals his conviction and sentence on three counts of dealing in cocaine, all as Class A felonies;[1] one count of possession of cocaine as a Class B felony;[2] and one count of maintaining a common nuisance as a Class D felony.[3]We affirm in part and reverse and remand in part with instructions.

         Issues

          [¶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.

         Facts and Procedural History

         [¶3] 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.

         [¶4] 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 ...


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