MEMORANDUM DECISION
FILED
Pursuant to Ind. Appellate Rule 65(D), Feb 27 2017, 10:05 am
this Memorandum Decision shall not be CLERK
Indiana Supreme Court
regarded as precedent or cited before any Court of Appeals
and Tax Court
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Brian A. Karle Curtis T. Hill, Jr.
Ball Eggleston, PC Attorney General of Indiana
Lafayette, Indiana
Caryn N. Szyper
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
John W. Wright, February 27, 2017
Appellant-Defendant, Court of Appeals Case No.
79A02-1607-CR-1634
v. Appeal from the Tippecanoe
Superior Court
State of Indiana, The Honorable Steven P. Meyer
Appellee-Plaintiff. Trial Court Cause No.
79D02-l508-F4-8
Najam, Judge.
Court of Appeals of Indiana | Memorandum Decision 79A02-1607-CR-1634 | February 27, 2017 Page 1 of 4
Statement of the Case
[1] John W. Wright appeals his conviction for dealing in methamphetamine, as a
Level 4 felony, following a bench trial. Wright presents a single issue for our
review, namely, whether the State presented sufficient evidence to prove that
the offense occurred within 500 feet of a public park. We affirm.
Facts and Procedural History
[2] On August 10, 2015, at approximately 6:30 p.m., Adam Wright called 9-1-1 to
report that his brother, Wright, was operating a “meth lab” in an apartment
located in a duplex at 532 Duroc Court in Lafayette. Tr. at 42. After officers
with the Lafayette Police Department arrived at the scene, they surrounded the
duplex and smelled a “chemical odor” consistent with the manufacture of
methamphetamine coming from open windows in the residence. Id. at 43. One
officer looked through a window and saw a man, later identified as Wright,
“doing something with tin foil” in the kitchen. Id. at 44. A short time later,
Wright exited the residence, and officers arrested him.
[3] The State charged Wright with dealing in methamphetamine, as a Level 4
felony, and possession of chemical reagents or precursors with intent to
manufacture controlled substances, as a Level 5 felony. The trial court found
Wright guilty as charged following a bench trial, but the court only entered
judgment of conviction for dealing in methamphetamine. The trial court
sentenced Wright to seven years, with three years executed, two years in
Court of Appeals of Indiana | Memorandum Decision 79A02-1607-CR-1634 | February 27, 2017 Page 2 of 4
community corrections, and two years suspended to probation. This appeal
ensued.
Discussion and Decision
[4] Wright contends that the State presented insufficient evidence to support his
conviction for a Level 4 felony. In particular, Wright maintains that the State
did not prove that the offense occurred within 500 feet of a public park, which is
required to elevate the offense from a Level 5 felony to a Level 4 felony. 1 See
Ind. Code § 35-48-4-1.1(a)(1)(A) (2015) and § 35-48-1-16.5(3)(B)(ii). We cannot
agree.
[5] In reviewing a sufficiency of the evidence claim, we do not reweigh the
evidence or assess the credibility of the witnesses. Sharp v. State, 42 N.E.3d 512,
516 (Ind. 2015). Rather, we look to the evidence and reasonable inferences
drawn therefrom that support the judgment, and we will affirm the conviction if
there is probative evidence from which a reasonable jury could have found the
defendant guilty beyond a reasonable doubt. Id.
[6] Wright concedes that “the State proved Armstrong Park was within five
hundred feet of the residence at the time of trial,” but he maintains that the
State did not present any evidence showing that that park existed at the time of
the offense. Appellant’s Br. at 9. Wright is wrong. The State presented evidence
1
Wright does not challenge the sufficiency of the evidence to support any of the other elements of the
offense.
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that, on August 10, 2015, while en route to investigate the meth lab at 532
Duroc Court, Officer Austin Schutter passed “Armstrong Park,” where he
observed “numerous children and adults” playing sports and otherwise using
the park. Tr. at 94. As such, the State presented sufficient evidence to support
Wright’s conviction for dealing in methamphetamine, as a Level 4 felony.
[7] Affirmed.
Bailey, J., and May, J., concur.
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