Garnet D. Everroad v. State Indiana

PIVARNIK, J. Appellants were jointly tried and convicted in a jury trial in the Brown Circuit Court on July 18, 1980. The following convictions and sentences were handed down: Nancy Calender, Conspiracy to Deal in a Controlled Substance, Ind. Code § 35-41-5-2 (Burns Repl. 1979) and Ind. Code § 35-48-5-2 (Burns Supp. 1982), six (6) years and a fine of one dollar ($1.00); Possession of Cocaine, Ind. Code § 35-48-4-6 (Burns Supp. 1982), two (2) years, sentences to run concurrently; Danny J. Henning, Conspiracy to Deal in a Controlled Substance, fourteen (14) years and a fine of five thousand ($5,000) dollars; Possession of Cocaine, five (5) years, sentences to run concurrently; Mark A. Smith, Conspiracy to Deal in a Controlled Substance, six (6) years; Possession of Cocaine, two (2) years, sentences to run concurrently; and Garnet D. Everroad, Conspiracy to Deal in a Controlled Substance, ten (10) years and a fine of five thousand ($5,000) dollars; Possession of Cocaine, five (5) years, sentences to run concurrently; and Possession of Methaqualone and Marijuana, Ind. Code § 35-48-4-6, (Burns Supp. 1982) and Ind. Code § 35-48-4-11 (Burns Supp. 1982), two (2) years, to be served consecutively to the previous sentences. Appellants now appeal.