Whalen v. State

RATLIFF, Presiding Judge.

STATEMENT OF THE CASE

Clarence Whalen appeals from his conviction by jury trial of delivery of a controlled substance (LSD), a Class B felony,1 and his sentence to a term of ten (10) years.2 We affirm.

*16FACTS

On September 4, 1979, William Peevler, an undercover officer of the Indiana State Police, and Roy Estep, a confidential informant, went to the Crane Cigar Store in Crawfordsville, where Estep thought they could buy drugs. While Peevler and Estep were playing pool, they were approached by Whalen who knew Estep. Estep asked Whalen if he had any “pot” and Whalen…