Hellums v. State

OPINION

SHARPNACK, Chief Judge.

Harold E. Hellums appeals his sentence for attempt to deal in a Schedule II con trolled substance, a class B felony. 1 Hel-lums raises one issue, which we restate as whether the doctrine of amelioration required the trial court to sentence Hellums for a class D felony rather than a class B felony. We affirm.

The facts relevant to the issue presented follow. On or around March 17, 1999, Hellums and others were in a camper that was parked outside a home. A strong odor of ether was emanating from the camper. When the police searched the camper and home, they found…