Simmons v. State

RUCKER, Judge.

Appellant-Defendant Robert Simmons was charged with two counts of Dealing in a Schedule IV Controlled Substance pursuant to Ind.Code § 35-48-4-3 and two counts of Possession of a Controlled Substance pursuant to Ind.Code § 35-48-4-7. After a bench trial he was found guilty on both counts of dealing and not guilty on the possession counts. On appeal Simmons raises two issues for our review:

1. Whether the evidence is sufficient to sustain the convictions.

2. Whether the judgment of conviction on Count II should be vacated because of the Doctrine of Merger.

We affirm in part and…