LANE v. STATE (2024)

MEMORANDUM DECISION

Statement of the Case

[1] Jason Lane fled from the police by vehicle because he had a large quantity of methamphetamine (“meth”). During the chase, officers saw Lane throw handfuls of a glassy material out of the vehicle, and they found a small amount of meth inside afterward. He appeals his conviction of Level 2 felony dealing in meth, claiming the evidence is insufficient. Concluding the State provided sufficient evidence to sustain the conviction, we affirm.

Facts and Procedural History

[2] Tiffany Duke, a long-time meth user, was introduced to Lane by acquaintances. On April 22, 2023, Lane needed a ride from Terre Haute to Indianapolis to buy meth. Duke agreed to drive him in her gray Jeep Liberty in exchange for drugs.

[3] Upon arriving at a residence in Indianapolis, Duke waited in one room while Lane went into another room to conduct the transaction. She understood he was purchasing over a pound of meth for $2,000. After the purchase, Lane put a bag in the Jeep. They headed back to Terre Haute, with Lane driving and Duke in the front passenger seat.

[4] In the early morning hours of April 22, Deputy Cameron Paul of the Clay County Sheriff's Office was patrolling Interstate 70 when he saw a grey Jeep Liberty with a nonfunctional taillight and brake light driving west. He followed the Jeep, activated his emergency lights, and attempted to initiate a traffic stop.

[5] Lane and Duke both saw the emergency lights. Lane initially maneuvered toward the side of the highway, but he switched back into the lane of travel and sped up to between eighty and ninety miles per hour. Deputy Paul activated his siren and chased the Jeep. In the Jeep, Lane told Duke, “They're behind us. They're gonna [sic] get us.” Tr. Vol. III, p. 14. Duke asked Lane to stop, but he refused, saying, “We've got to get rid of this.” Id. at 15.

[6] Next, Deputy Paul saw a hand sticking out of the Jeep's driver's side window. Immediately thereafter, his windshield “started getting pelted with a white crystal-like substance, almost like rock salt.” Tr. Vol. II, p. 195. The hand withdrew into the Jeep before reappearing, followed by a “large quantity” of materials striking the deputy's vehicle. Id. at 196. Lane repeated this process several times. One of the pieces of material was “baseball-sized.” Tr. Vol. V, State's Ex. 19 at 26:10.

[7] Inside the Jeep, Duke watched Lane throw handfuls of what she believed was meth out of the window. He ate some of it and asked her if she wanted to “eat some.” Tr. Vol. III, p. 15. Duke declined. She estimated Lane had over a pound of meth.

[8] Several other officers joined the chase. Lane sped up to as fast as 120 miles per hour, weaving around other vehicles. Deputy Paul saw more material being thrown out of the Jeep.

[9] Eventually, Lane pulled over and stopped near the Indiana-Illinois state line. The pursuit had spanned twenty-five miles. The officers parked behind the Jeep and ordered the occupants to exit. Lane and Duke complied, and the officers took them into custody.

[10] Inside the Jeep, Deputy Paul found a small amount of a white crystalline substance and several syringes on the driver's side floor. The crystalline substance later tested positive for meth. The deputy also looked in the rear compartment and found a digital scale, small plastic bags (or “baggies”), and packages of unopened syringes. Tr. Vol. III, p. 38. There was white residue on the scale. Officers later searched the chase route but did not find any of the material Lane had thrown out of the Jeep.

[11] The State charged Lane with Level 2 felony dealing in meth, Level 3 felony possession of meth, Level 5 felony resisting law enforcement, and Level 6 felony obstruction of justice. The State further alleged Lane is an habitual offender. The jury determined Lane was guilty as charged. The trial court imposed a sentence, and this appeal followed.

Discussion and Decision

[12] Lane argues the State failed to prove he possessed meth in an amount sufficient to sustain his conviction of dealing in meth. “Sufficiency-of-the-evidence claims ․ warrant a deferential standard, in which we neither reweigh the evidence nor judge witness credibility.” Powell v. State, 151 N.E.3d 256, 262 (Ind. 2020). “Rather, we consider only the evidence supporting the judgment and any reasonable inferences drawn from that evidence.” Id. This standard applies “whether the evidence is circumstantial or direct.” Jackson v. State, 165 N.E.3d 641, 648 (Ind. Ct. App. 2021), trans. denied. “We will affirm a conviction if there is substantial evidence of probative value that would lead a reasonable trier of fact to conclude that the defendant was guilty beyond a reasonable doubt.” Powell, 151 N.E.3d at 263.

[13] To convict Lane of Level 2 felony dealing in meth as charged, the State was required to prove beyond a reasonable doubt that: (1) Lane (2) possessed (3) with intent to deliver or to finance the delivery of (4) at least ten grams of meth, pure or adulterated. Ind. Code § 35-48-4-1.1(a)(2) & (e)(1) (2017); Appellant's App. Vol. II, p. 19.

[14] Lane argues the State failed to prove he possessed meth other than the small amount “found on the driver's floorboard of the Jeep.” Appellant's Br. p. 11. We disagree. “Even though the contraband is not recovered, the identity of a drug can be proven by circumstantial evidence.” Clifton v. State, 499 N.E.2d 256, 258 (Ind. 1986). In addition:

to prove the element of weight of drugs or controlled substances, the State must either offer evidence of its actual, measured weight or demonstrate that the quantity of drugs or controlled substances is so large as to permit a reasonable inference that the element of weight has been established.

Halsema v. State, 823 N.E.2d 668, 674 (Ind. 2005).

[15] Duke agreed to drive Lane to Indianapolis, where he planned to buy meth. Her prior experiences with meth ranged from frequently consuming a gram, which is about the size of a nickel, to possessing up to ten pounds on one occasion. Duke also dealt in meth in the past. During the chase, she watched Lane throw what she believed to be meth out of his window. Lane also ate some of it and offered it to her. Duke estimated that Lane had a pound of meth, well over the ten-gram minimum required by statute.

[16] In addition, after Deputy Paul began pursuing Lane, Lane repeatedly pelted his windshield with a white crystalline substance. One chunk was as large as a baseball. A state police officer with extensive experience in meth investigations told the jury that meth looks like shards of glass, and a pound of meth is the size of a softball. He also stated that people who sell controlled substances regularly keep digital scales and plastic baggies on hand, such as the items Deputy Paul found in the Jeep. The knowledgeable testimony provided by Duke and the state police officer is sufficient for the jury to have reasonably concluded beyond a reasonable doubt that (1) Lane possessed meth (2) in an amount so large as to establish the element of weight. See, e.g., Buelna v. State, 20 N.E.3d 137, 147-48 (Ind. 2014) (in context of manufacturing meth, weight of product may be established by testimony from those who regularly use or deal in substance as well as from officers who regularly investigate meth-related offenses; testimony may be corroborated by circumstantial evidence such as presence of paraphernalia).

Conclusion

[17] For the reasons stated above, we affirm the judgment of the trial court.

[18] Affirmed.

Baker, Senior Judge.

Kenworthy, J., and Felix, J., concur.