Lola M. Sells, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Franklin Circuit Court The Honorable J. Steven Cox,
Judge Trial Court Cause No. 24C01-1506-F3-626
Attorney for Appellant John Kindley South Bend, Indiana.
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Ian McLean Supervising Deputy Attorney General
of the Case
Lola M. Sells appeals her conviction for dealing in
methamphetamine, as a Level 3 felony, following a jury trial.
Sells raises four issues for our review, which we restate as
1. Whether she preserved for appellate review her argument
that the trial court violated her right to be free from
double jeopardy when it permitted the State to try her after
the court had previously declared a mistrial.
2. Whether Sells' defense attorney opened the door to
comments made by the prosecutor during his rebuttal following
her attorney's closing argument.
3. Whether her two convictions violate the actual evidence
test under Article 1, Section 14 of the Indiana Constitution.
4. Whether the State proved venue in Franklin County.
and Procedural History
In August of 2014, Adam Wagner used and dealt methamphetamine
out of his residence in Rush County. During that time, his
girlfriend, Felicia Craig, also used methamphetamine. In late
August, Wagner arranged to have Craig buy seven grams of
methamphetamine from Sells at a predetermined location in
In the early morning hours of August 26, after Craig had met
with Sells and purchased the seven grams of methamphetamine,
Craig began to drive back to meet with Wagner. On her way
back, Officer Chris Smith of the Batesville Police Department
initiated a traffic stop of Craig's vehicle for a lane
violation on Interstate 74 in Franklin County. Officer Smith
gave Craig a warning and let her go.
Craig then called Wagner. Wagner thought Craig sounded in a
"way I've never heard her before"; she was
"[s]uper excited, super scared, just all over . . . she
was very confused, excited." Amended Tr. Vol. 2 at 135.
Craig told Wagner that "she had just got pulled over and
that she ate all ...