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TUNSTILL v. STATE

No. 49S00-0005-CR-327.

743 N.E.2d 1136 (2001)

Melvin TUNSTILL, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

March 20, 2001.

Attorney(s) appearing for the Case

Michael R. Fisher Indianapolis, IN, Attorney for Appellant.

Karen M. Freeman-Wilson, Attorney General of Indiana, James B. Martin, Deputy Attorney General Indianapolis, IN, Attorneys for Appellee.

SHEPARD, Chief Justice.

Melvin Tunstill was convicted and sentenced for dealing in cocaine. On appeal, he challenges the trial court's finding that he is an habitual offender and its weighing of his mitigating circumstances.

Facts and Procedural History

In May 1999, Tunstill appeared in court and acknowledged that he had sold cocaine to an undercover police officer on September 18, 1997. He pled guilty to one count of dealing in cocaine, a class...

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