Gary Elvers v. State of Indiana

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Defendant, Gary Elvers (Elvers), appeals his conviction of three Counts of dealing in a synthetic drug, Class D felonies, Ind. Code § 35-48-4-10(a)(2),(b)(1)(B) (2012); and one Count of maintaining a common nuisance, a Class D felony, I.C. § 35-48-4-13(b)(2).

We affirm in part, vacate in part, and remand. 1

ISSUES

Elvers raises six issues on appeal, which we consolidate and restate as the following four issues:(1) Whether Indiana Code section 35-48-4-10 is unconstitutional;(2) Whether the State improperly-charged Elvers;(3) Whether the trial…