Charles Smith appeals the twenty-year sentence imposed following his conviction for Class B felony dealing in a schedule II controlled substance. We affirm.
The sole issue before us is whether Smith's sentence is inappropriate.
The evidence, as revealed in the probable cause affidavit and testimony at Smith's sentencing hearing, is that after conducting a surveillance operation, police in Ohio County arrested Dylan Woodruff on March 25, 2010, for dealing methadone and oxycodone, both schedule II controlled substances. Woodruff, who sold drugs in the Rising Sun area daily, told police that he obtained his drugs from Smith at Smith's home in Switzerland County. Woodruff would purchase approximately $1100 worth of oxycodone pills from Smith every day or every other day.
Smith, in turn, was driving to Detroit, Michigan, at least three times per month to obtain his supply of drugs, purchasing approximately 300 oxycodone and eighty methadone pills on each trip at a cost of $10,000 to $15,000. Woodruff had been obtaining drugs from Smith and re-selling them for over a year. After receiving Woodruff's statement, police searched Smith's house in Switzerland County. There, police found over $10,000 in cash, a loaded nine millimeter handgun on a night stand, and approximately 220 oxycodone pills and thirty-five methadone pills divided into five cigarette cellophane packages.
On April 16, 2010, the State charged Smith in Ohio County with one count of Class A felony dealing in a schedule II controlled substance and one count of Class A felony conspiracy to commit dealing in a schedule II controlled substance. The reason for the A felony filings was that the alleged dealing (apparently by Woodruff) took place within 1000 feet of a family housing complex. On November 9, 2010, Smith pled guilty to one count of Class B felony dealing in a schedule II controlled substance, with sentencing left to the trial court's discretion. Finding that Smith was "a major dealer in illegal drugs," the trial court sentenced him to the maximum term of twenty years. App. p. 164. Smith now appeals.
Smith contends that his sentence is inappropriate under Indiana Appellate Rule 7(B) in light of the nature of the offense and his character. Although Rule 7(B) does not require us to be "extremely" deferential to a trial court's sentencing decision, we still must give due consideration to that decision.
The principal role of Rule 7(B) review "should be to attempt to leaven the outliers, and identify some guiding principles for trial courts and those charged with improvement of the sentencing statutes, but not to achieve a perceived `correct' result in each case."
As Smith emphasizes, he received the maximum possible sentence for a Class B felony, twenty years, with no time suspended. Generally, "a trial court should reserve maximum sentences for classes of offenses that constitute the worst of the worst."
Smith directs us to a number of factors that he cites as evidence of his good character. For example, although he has a criminal history, it is extremely minimal in comparison to the present offense; he has a 1996 juvenile delinquency adjudication criminal mischief and a 2000 adult conviction for reckless driving. Several friends and family members provided letters testifying to Smith's overall good character. Smith apparently led a largely law-abiding life until suffering a back injury a few years ago, which led to a dependency on painkillers and, eventually, his foray into drug dealing. Smith also pled guilty, which generally reflects positively upon his character.
Nevertheless, we agree with the trial court that Smith's offense falls generally into the class of a worst case scenario for Class B felony dealing in a schedule II controlled substance. There is no minimum quantity of drug that must be dealt in order to be guilty of this offense.
Smith, of course, did much more than that. For over a year, at the least, Smith was funneling approximately 380 oxycodone and methadone pills, worth $10,000 to $15,000, into southeastern Indiana from Detroit nearly every week. Smith was supplying Woodruff in his daily selling of drugs in Rising Sun and, according to Smith's statement to police, he was supplying drugs to two other people in the area as well. The search of Smith's residence uncovered indicia of a substantial ongoing drug dealing operation, including the individually wrapped packages of pills, over $10,000 in cash, and a loaded handgun. This evidence of such a high-volume, high-cash flow operation belies Smith's contention that he only was selling drugs to support his own habit. Smith was no mere street-level dealer, but instead was a significant supplier of controlled substances to other dealers. In sum, despite some positive character evidence on Smith's behalf, the nature of the offense here is so egregious that we cannot say the maximum sentence of twenty years is inappropriate.
Smith's sentence of twenty years for Class B felony dealing in a schedule II controlled substance is not inappropriate. We affirm.
Affirmed.
KIRSCH, J., and BRADFORD, J., concur.