John E. Guess, Appellant-Defendant v. State of Indiana, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

[1] Based on a single drug deal, John E. Guess pled guilty to Level 4 felony dealing in a narcotic drug and Level 4 felony conspiracy to commit dealing in a narcotic drug. Sentencing was left to the discretion of the trial court, which imposed a sentence of 10 years with 3 years suspended for each count, to be served consecutively, for a total sentence of 20 years with 6 years suspended. On appeal, Guess contends that his two convictions constitute double jeopardy. We do not reach this issue because, as our Supreme Court recently reiterated, a defendant cannot directly appeal a conviction following a guilty plea. See Monroe v. State, 281 N.E.3d 546, 549 (Ind. 2026). There is no exception for double-jeopardy claims. Id.

[2] In the alternative, Guess argues that his total sentence is capped at 15 years under Indiana Code section 35-50-1-2(d)(6) because his convictions arose out of one episode of criminal conduct and his offenses were not “crimes of violence.” The State agrees, and so do we. Therefore, while we affirm Guess's convictions, we reverse his sentence and remand to the trial court for resentencing.

[3] Affirmed in part, reversed in part, and remanded.

Vaidik, Judge.

Altice, J., and Foley, J., concur.