Alarcon v. State

RUCKER, Judge.

After a trial by jury Appellant-defendant Areadio Alarcon (Alarcon) was convicted on 34 counts of Dealing in a Schedule IV Controlled Substance, Class C felonies.2 He received a total executed sentence of twelve (12) years imprisonment with eight (8) years suspended and ten (10) years probation.

Alarcon presents two interrelated issues, which we combine and rephrase as follows:

Whether Ind.Code § 35-48-4-8(a)(1) is applicable to the act of writing a prescription by a licensed physician.

We find that it is applicable and therefore affirm.

The facts most favorable to the State…