Gallagher v. State

OPINION

KIRSCH, Judge.

Stephan M. Gallagher was convicted of dealing in a schedule II substance 1 as a Class A felony after a jury trial and was sentenced to thirty years with ten years suspended for an executed sentence of twenty years. He appeals, raising the following restated issues: 2

I. Whether the State failed to rebut Gallagher's statutory defense under Indiana Code section 35-48-4-16 that he was only within 1,000 feet of the school for a brief period of time while no children were present at the location;

II. Whether the trial court erred when it admitted the audio recording of the drug…