holding evidence was sufficient to support defendant’s conviction of dealing as an accomplice where defendant was present at the scene of the crime, was a companion of the principal, failed to oppose the crime, suggested the place for the buy to occur, and allowed the buy to take place in his vehicle
How later courts described this case
- holding evidence was sufficient to support defendant’s conviction of dealing as an accomplice where defendant was present at the scene of the crime, was a companion of the principal, failed to oppose the crime, suggested the place for the buy to occur, and allowed the buy to take place in his vehicle
- revising a sentence upon finding that although the defendant’s criminal history was significant and ‘would make a below-advisory sentence too lenient, the nature of his “relatively minor” offenses rendered his above-advisory sentences too harsh
- noting rule that a person can be charged as a principal and convicted as an accomplice even if he did not participate in each and every element of the crime
- evidence sufficient to convict Schaaf as an accomplice in dealing heroin; Schaaf drove a friend to gas station, allowed a confidential informant to enter his car, and witnessed the deal
Written by the judges who cited it.
The opinion
MATHIAS, Judge,
concurring in part and dissenting in part.
[17] I agree that Schaafs convictions are supported by sufficient evidence. However, with all due and great respect for my colleagues, I respectfully dissent with regard to the majority’s decision to revise Schaafs sentence. The forty-year sentence imposed was less than the maximum, and giving due deference-to the trial court, I believe the sentence was not inappropriate in light of the offender’s character. Ind. App. R. 7(B); Anglemyer v. State, 868 N.E.2d 482 (Ind.2007).