John Wesley Wright v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: February 27, 2017
• Docket: 79A02-1607-CR-1634
• Status: Published

Opinion

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.

Court of Appeals of Indiana | Memorandum Decision 79A02-1607-CR-1634 | February 27, 2017 Page 3 of 4 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.

Court of Appeals of Indiana | Memorandum Decision 79A02-1607-CR-1634 | February 27, 2017 Page 4 of 4