State v. Morgan, 89A04–1603–CR–622.
| Docket Nº | No. 89A04–1603–CR–622. |
| Citation | 60 N.E.3d 1121 |
| Case Date | August 16, 2016 |
| Court | Court of Appeals of Indiana |
60 N.E.3d 1121
STATE of Indiana, Appellant–Plaintiff,
v.
Yvonne S. MORGAN, Appellee–Defendant.
No. 89A04–1603–CR–622.
Court of Appeals of Indiana.
Aug. 16, 2016.
Gregory F. Zoeller, Attorney General of Indiana, Justin F. Roebel, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.
Ronald J. Moore, The Moore Law Firm, LLC, Richmond, IN, Attorney for Appellee.
BRADFORD, Judge.
Case Summary
[60 N.E.3d 1123
motion to dismiss all of the charges against her, which motion the trial court granted. The State now appeals, arguing that the trial court abused its discretion in granting Morgan's motion to dismiss. Because we agree, we reverse and remand with instructions to reinstate the charges against Morgan.
Facts and Procedural History
[3] Between November of 2013 and April of 2014, DEA investigators conducted several periods of surveillance on the Clinic and observed between sixty and one hundred patients enter the Clinic during each open period. On November 27, 2013, investigators observed Morgan arrive at the Clinic in a vehicle registered to DORN. No other medical personnel were observed at the Clinic, approximately eighty-nine patients entered, and records indicate that at least seventy-one Suboxone prescriptions were issued by Dr. Vierk.
[4] On April 16, May 14, and June 11, 2014, an undercover investigator visited the Clinic. On April 16, the officer was told that Dr. Vierk had already left but had left multiple prescriptions behind. The officer met Morgan once inside the Clinic and received a prescription for Suboxone signed by Dr. Vierk. Morgan did not request identification, perform a comprehensive interview, or conduct any physical examination. On May 14, 2014, the officer visited the Clinic and received a Suboxone prescription from Morgan in exchange for $160.00. While Dr. Vierk was there, he discussed only the weather with the officer during the encounter, which lasted less than two minutes. On June 11, 2014, the officer went to the clinic and received a Suboxone prescription from Morgan in exchange for $160.00. Dr. Vierk asked the officer if his dosage was good and how much Suboxone he was taking, but did not request identification, interview the officer, or conduct a physical examination.
[5] On September 22, 2014, the State charged Morgan with Class B felony conspiracy to commit dealing in a schedule III controlled substance and Class C felony corrupt business influence. On August 19, 2015, Morgan moved to dismiss the charges. On September 16, 2015, the State filed an amended information charging Morgan with two counts of Class B felony conspiracy to commit dealing in a schedule III controlled substance, Class C felony corrupt business influence, and three counts of Class B felony aiding dealing in a schedule III controlled substance. The six counts read as follows:
COUNT I:
[B]etween November 27, 2013, and June 11, 2014, Yvonne S. Morgan, with the intent to commit Dealing in a Schedule III Controlled Substance agreed with Ronald Vierk, M.D. to commit Dealing in a Schedule III Controlled Substance and Ronald Vierk, M.D. performed an overt act, to-wit: prescribed a Schedule III Controlled Substance outside the usual course of professional medical practice in furtherance of the agreement, contrary to Indiana law.
COUNT II:
[60 N.E.3d 1124
[B]etween November 27, 2013, and June 11, 2014, Yvonne S. Morgan, with the intent to commit Dealing in a Schedule III Controlled Substance agreed with Ronald Vierk, M.D. to commit Dealing in a Schedule III Controlled Substance and Yvonne S. Morgan performed an overt act, to-wit: delivered a pre-signed prescription form to an undercover law enforcement officer which was done outside the usual course of professional medical practice in furtherance of the agreement, contrary to Indiana law....
COUNT III:
[B]etween December 9, 2011, and June 30, 2014, Yvonne S. Morgan, was employed by or associated with an enterprise, to-wit: DORN a/k/a Drug & Opiate Recovery Network and knowingly or intentionally conducted or otherwise participated in the activities of that enterprise through a pattern of racketeering activity, to-wit: Dealing in a Schedule III Controlled Substance by committing two or more of the following overt acts:
1) Yvonne S. Morgan served as the point of contact and/or office manager for the DORN Office at 801 Airport Road, Centerville, Indiana.
2) On or about November 27, 2013, Yvonne S. Morgan was present at the DORN office at 801 Airport Road, Centerville, Indiana, and delivered prescriptions that had been prepared outside the usual course of professional medical practice,
3) On or about January 15, 2014, Yvonne S. Morgan was present at the DORN office at 801 Airport Road, Centerville, Indiana, and delivered prescriptions that had been prepared outside the usual course of professional medical practice.
4) On or about April 16, 2014, Yvonne S. Morgan was present at the DORN office at 801 Airport Road, Centerville, Indiana, and delivered prescriptions that had been prepared outside
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