v.
State of Indiana (mem. dec.)
MEMORANDUM DECISION FILED Dec 06 2017, 9:26 am Pursuant to Ind. Appellate Rule 65(D), this CLERK Memorandum Decision shall not be regarded as Indiana Supreme Court Court of Appeals precedent or cited before any court except for the and Tax Court purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Timothy P. Broden Curtis T. Hill, Jr. Lafayette, Indiana Attorney General of Indiana Monika Prekopa Talbot Supervising Deputy Attorney General Indianapolis, Indiana
IN THE COURT OF APPEALS OF INDIANA
Kevin M. Dolick, December 6, 2017 Appellant-Defendant, Court of Appeals Case No. 79A02-1701-CR-21 v. Appeal from the Tippecanoe Circuit Court.
The Honorable Thomas H. Busch, State of Indiana, Judge. Appellee-Plaintiff. Trial Court Cause No. 79C01-1605-F3-12
Friedlander, Senior Judge [1] Kevin M. Dolick pleaded guilty to dealing in methamphetamine, as a Level 3 felony, and to using a firearm in a controlled substance offense, an enhancement. The six-year sentence he received for the dealing in methamphetamine conviction was enhanced by three years based upon his guilty plea to using a firearm in the commission of the controlled substance offense. The sole issue Dolick raises for our review, restated, is whether the three-year enhancement constituted a double jeopardy violation. We affirm.
[2] On September 16, 2015, Tippecanoe County Drug Task Force Officer Donald
Miller was working in an undercover capacity when he conducted a controlled buy from Dolick for two grams of methamphetamine. Officer Miller met Dolick in a parking lot, and Dolick entered the officer’s vehicle. Dolick reached into a bag he was carrying, pulled out a revolver, and laid the weapon on his lap. Dolick then pulled a plastic container from the same bag, rummaged through several prepackaged baggies containing methamphetamine, selected a baggie, and gave the baggie to the officer. Officer Miller paid Dolick $200.00 for the methamphetamine. On September 17 and 23, 2015, Officer Miller conducted two more controlled buys from Dolick for methamphetamine.
[3] On May 16, 2016, the State charged Dolick with Level 3 felony dealing in methamphetamine, Level 5 felony possession of methamphetamine, Class A