Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dilley v. State

Court of Appeals of Indiana

October 23, 2019

Kyle Scott Dilley, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

          Appeal from the LaPorte Superior Court The Honorable Michael S. Bergerson, Judge Trial Court Cause No. 46D01-1804-F2-331

          Attorney for Appellant Elizabeth A. Flynn Braje Nelson & Janes, LLP Michigan City, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Matthew B. Mackenzie Deputy Attorney General Indianapolis, Indiana

          RILEY, JUDGE.

         STATEMENT OF THE CASE

         [¶1] Appellant-Defendant, Kyle Dilley (Dilley), appeals his convictions for dealing in methamphetamine with an enhancing factor, a Level 2 felony, Ind. Code §§ 35-48-4-1.1(2)(A)(e)(2), 35-50-2-4.5; dealing in marijuana with an enhancing factor, a Level 5 felony, I.C. §§ 35-48-4-10(a)(2)(C)(d)(1)(A), 35-50-2-6; and two Counts of possession of a narcotic drug with an enhancing factor, Level 5 felonies, I.C. §§ 35-48-4-1.1(a)(2)(C)(d)(1)(A), 35-50-2-6.

         [¶2] We reverse.

         ISSUES

         [¶3] Dilley presents us with two issues on appeal, one of which we find dispositive and restate as: Whether the trial court erred when it granted the State's motion for a continuance based upon the unavailability of laboratory testing results.

         FACTS AND PROCEDURAL HISTORY

         [¶4] Around noon on April 6, 2018, Officer Kyle Shiparski (Officer Shiparski) and Officer Francisco Rodriguez (Officer Rodriguez) of the Michigan City Police Department were driving in the area of 10th and Maple Streets in Michigan City, Indiana, when they observed a gold-colored sedan partially pulled into a parking space. The sedan was occupied by two people who were slumped over and appeared to be unconscious. The officers alerted emergency medical personnel and proceeded to perform a welfare check.

         [¶5] Dilley was seated in the driver's seat, and the car's engine was running. Officer Rodriguez tapped on the window and yelled in an effort to rouse Dilley. While standing outside the sedan attempting to awaken Dilley, Officer Rodriguez observed a hand-rolled paper containing what appeared to be either marijuana or synthetic marijuana in Dilley's left hand. Officer Rodriguez opened the car door. Dilley had a black drawstring backpack on his lap. As Dilley regained consciousness and perceived the presence of the officer, he immediately closed his fist to conceal the object there. Officer Rodriguez asked Dilley for his identification, and Dilley retrieved his driver's license from his wallet which was inside the drawstring bag on his lap. Officer Shiparski roused the passenger, who was also the owner of the vehicle. The passenger gave the officers consent to search the vehicle.

         [¶6] Officer Rodriguez asked Dilley to step out. Dilley was led to the front of the sedan. As Officer Rodriguez searched the vehicle, another officer who had arrived to assist observed Dilley reaching into his belt area for what was subsequently discovered to be a black zippered pouch containing a set of digital scales and empty Ziplock baggies. In addition, the vehicle's driver's-side door had a rigid, open area at the base of the door which could be used to store items such as maps. Clipped to the outside of the storage area was a cell phone case that contained what was later revealed to be three baggies containing methamphetamine, a baggie containing nine types of pills, including two tablets of morphine, and a baggie containing heroin. A search of the drawstring bag Dilley had been holding on his lap revealed a mason jar containing two bags of marijuana.

         [¶7] On April 6, 2018, the State filed an Information, charging Dilley with dealing in methamphetamine, dealing in marijuana, possession of a narcotic drug (morphine), and possession of a narcotic drug (heroin). The State also alleged that all the offenses were enhanced because Dilley had a prior conviction in 2012 for dealing in heroin. On April 10, 2018, the trial court held Dilley's initial hearing. Dilley requested a fast and speedy trial, and the trial court set a trial date of June 18, 2018.

         [¶8] On May 17, 2018, the trial court held a pre-trial conference. The State reported no issues with discovery. The parties and the trial court confirmed that trial was set for June 18, 2018. On May 31, 2018, the trial court held a final pre-trial conference. The trial court asked the prosecutor if all discovery had been completed. The prosecutor responded, "Judge, the only thing that's outstanding is the official lab results from the lab. We've informed them of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.