Opinions June 15, 2010
Indiana Court of Appeals
Jeffrey D. Boggs v. State of Indiana
40A01-0907-CR-346
Criminal. Affirms convictions of and 40-year sentence for Class B felony attempted dealing in methamphetamine, two counts
of Class C felony possession of a precursor while in possession of a firearm, Class D felony possession of methamphetamine,
Class A misdemeanor possession of marijuana, and finding that Boggs is a habitual offender. The police officer had a legitimate
reason for being on Boggs’ property and didn’t move anything to observe the gas tank inside of Boggs’ car.
The state presented sufficient evidence to prove the identity of the substances found and to support the habitual offender
finding. Remands for the trial court to correct the sentencing order.