Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be
regarded as precedent or cited before
any court except for the purpose of
establishing the defense of res judicata,
collateral estoppel, or the law of the case.
ATTORNEY FOR APPELLANT:
ATTORNEYS FOR APPELLEE:
BRIAN J. MAY
GREGORY F. ZOELLER
South Bend, Indiana
Attorney General of Indiana
HENRY A. FLORES, JR.
Deputy Attorney General
COURT OF APPEALS OF INDIANA
STATE OF INDIANA,
APPEAL FROM THE ST. JOSEPH SUPERIOR COURT
The Honorable Jane Woodward Miller, Judge
Cause No. 71D01-0801-FA-4
April 15, 2009
MEMORANDUM DECISION - NOT FOR PUBLICATION
STATEMENT OF THE CASE
Dennis Woods appeals his convictions, after a jury trial, of three counts of dealing
in cocaine, as class A felonies.
Whether the State presented sufficient evidence to rebut Woods’ defense of
In March of 2007, Officer Jennifer Gobel was working as an undercover officer
with the narcotics unit of the South Bend Police Department. On March 7, 2007, Gobel
contacted Woods by cell phone to arrange the purchase of ¼ ounce1 of crack cocaine.
Woods instructed Gobel to meet him at a video store and subsequently called her to say
that he was on his way. Woods arrived in a black Monte Carlo containing four
occupants; Woods was in the back seat behind the driver. Woods called Gobel again and
told her to follow the Monte Carlo. She followed the vehicle to a liquor store.
Woods exited the Monte Carlo and entered Gobel’s vehicle. He asked whether
she had a scale. She handed him her pocket-sized digital scale, and he asked for a nickel
or a dollar bill.2 She handed him a nickel, and he weighed it. Woods stated that the
agreed price of $175 was too low and demanded $200. Woods then weighed the c