Zook v. State, 031219 INCA, 18A-CR-2162

Docket Nº:18A-CR-2162
Opinion Judge:Baker, Judge.
Party Name:Matthew A. Zook, Appellant-Defendant, v. State of Indiana, Appellee-Plaintiff
Attorney:Attorney for Appellant Christopher L. Clerc Columbus, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Benjamin J. Shoptaw Deputy Attorney General Indianapolis, Indiana
Judge Panel:May, J., and Tavitas, J., concur.
Case Date:March 12, 2019
Court:Court of Appeals of Indiana
 
FREE EXCERPT

Matthew A. Zook, Appellant-Defendant,

v.

State of Indiana, Appellee-Plaintiff

No. 18A-CR-2162

Court of Appeals of Indiana

March 12, 2019

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

Appeal from the Bartholomew Circuit Court The Honorable Kelly S. Benjamin, Judge Trial Court Cause No. 03C01-1705-F2-2751

Attorney for Appellant Christopher L. Clerc Columbus, Indiana

Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Benjamin J. Shoptaw Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

Baker, Judge.

[¶1] Matthew Zook appeals the sentence imposed by the trial court after he pleaded guilty to one count of Level 2 Felony Dealing in a Narcotic Drug, arguing that the trial court erred when it failed to consider his admissions to the police and his guilty plea to be mitigating factors. Finding no error, we affirm.

Facts

[¶2] On April 19, 2017, Ronald Weatherald called Columbus Police Department Detective Toby Combest to inform him that Zook was dealing large amounts of narcotics in the Columbus area. Additionally, Justin Smith told Detective Combest that he had purchased heroin from Zook. With this information, Detective Combest obtained a valid search warrant, which allowed him to place a GPS unit on Zook's truck.

[¶3] On May 5 and May 9, 2017, Zook travelled to Cincinnati, presumably to sell drugs. Once Zook returned to Bartholomew County on May 9, officers stopped him for a suspected traffic violation. One officer then deployed a drug-sniffing K-9 officer to conduct a free-air search around Zook's vehicle. The K-9 officer immediately alerted the officers to the presence of drugs inside the vehicle. After the officers read Zook his Miranda1 rights, Zook admitted that there was heroin in his backpack inside the vehicle. The officers found almost thirty grams of heroin, two baggies filled with a substance later determined to be methamphetamine, and a handgun in the backpack. Zook admitted...

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