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:

JOHN T. WILSON GREGORY F. ZOELLER

Anderson, Indiana Attorney General of Indiana

RYAN D. JOHANNINGSMEIER

Deputy Attorney General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

DAVID HEDGECRAFT, )

)

Appellant-Defendant, )

)

vs. ) No. 48A05-1303-CR-141

)

STATE OF INDIANA, )

)

Appellee-Plaintiff. )

APPEAL FROM THE MADISON CIRCUIT COURT

The Honorable Thomas Newman, Jr., Judge

Cause No. 48C03-1204-FD-733

February 20, 2014

MEMORANDUM DECISION – NOT FOR PUBLICATION

RILEY, Judge
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STATEMENT OF THE CASE

Appellant-Defendant, David V. Hedgecraft (Hedgecraft), appeals his conviction for

maintaining a common nuisance, a Class D felony, Ind. Code § 35–48-4-13, and dealing 

in methamphetamine, a Class B felony, I.C. § 35–48-4-1.1. 

We affirm. 

ISSUE

Hedgecraft raises three issues on appeal which we state as follows:

1. Whether there was sufficient evidence to sustain Hedgecraft’s conviction for 

dealing in methamphetamine;

2. Whether the trial court properly sentenced Hedgecraft; and

3. Whether the jury reached an inconsistent verdict. 

FACTS AND PROCEDURAL HISTORY

On April 17, 2012, Madison County Sherriff’s Deputy Brad Oster (Deputy Oster) 

responded to an anonymous tip regarding the manufacturing of methamphetamine in 

Hedgecraft’s garage located at 288 East 1100 North, Alexandria, Madison County, Indiana. 

Deputy Oster and two other Officers went to the residence to conduct a “stop and knock.” 

(Transcript p. 148). Hedgecraft’s daughter opened the door and told the Officers her father 

was not at home. Shortly thereafter, Hedgecraft arrived finding the Officers outside his 

house. Hedgecraft appeared jittery and shaky, but he consented to a search of his garage. 

Hegdecraft’s garage was a two-and-one half car garage with two separate areas inside. The 
3

first room was a former apartment that contained some workout equipment and was partly 

furnished. The other room was a typical garage. The two rooms were separated by a wall 

with an entry door. The entry door to the garage was secured with a deadbolt and the door 

frame had been reinforced. When the Officers entered the garage, they detected a strong 

chemical odor unique to methamphetamine laboratories. The odor was so strong the 

Officers asked Hedgcraft to open the overhead garage door so as to ventilate the garage. 

Despite the fact that there was no evidence of methamphetamine in Hedgecraft’s garage, 

the Officers found several items used in the manufacture of methamphetamine including;

a partially burned plastic bottle, lithium battery casing strips, a bottle converted into a HCL 

generator, two cans of Coleman fuel, two vinyl tubing, a blender that contained a white 

residue and one pot in the trash. The materials that the Officers found inside the garage 

indicated that the “[b]irch [r]eduction [m]ethod” for manufacturing methamphetamine, 

commonly called the “one pot version” had been used. (Tr. p. 213). When the Officers 

conducted a “drager test” on the partially burned plastic bottle, it tested positive for 

ammonia. (Tr. p. 220). 

On April 18, 2012, based on the evidence discovered during the search, the State 

filed an Information charging Hedgecraft with Count I, possession of chemical reagents or 

precursors with intent to manufacture a controlled substance, a Class D felony, I.C. § 35–

48-4-14.5; and Count II, maintaining a common nuisance, a Class D felony, I.C. § 35–48-

4-3. On September 27, 2012, the State amended the Information and added Count III, 

dealing in methamphetamine, a Class B felony, I.C. § 35–48-4-1.1. On February 13 
4

through February 14, 2013, a jury trial was conducted. At the close of the evidence, the 

jury found Hedgecraft guilty as charged on Count II and III but was hung on Count I. On 

February 25, 2013,the State dismissed Count I and the trial court sentenced Hedgecraft to 

three years on Count II and twenty years on Count III, all to run concurrently. 

Hedgecraft now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

I. Sufficiency of the Evidence 

Hedgecraft contends that the State did not provide sufficient evidence to support his 

conviction for dealing in methamphetamine. 

In reviewing a sufficiency of the evidence claim, this court does not reweigh the 

evidence or judge the credibility of the witnesses. Perez v. State, 872 N.E.2d 208, 212–13 

(Ind. Ct. App. 2007), trans. denied. We will consider only the evidence most favorable to 

the verdict and the reasonable inferences to be drawn therefrom and will affirm if the 

evidence and those inferences constitute substantial evidence of probative value to support 

the judgment. Id. at 213. Reversal is appropriate only when reasonable persons would not 

be able to form inferences as to each material element of the offense. Id.

Hedgecraft maintains that because he did not have dominion over his garage, he did 

not constructively possess the items that were discovered in the garage and were used to 

manufacture methamphetamine. Specifically he argues that the garage had been broken 

into several times, and was not secure. Additionally, he also alleges that when his son was 
5

arrested and convicted for manufacturing methamphetamine from his garage, the Drug 

Task Force confiscated most of the items and left some items behind. 

In order to prove constructive possession, the State must show that the defendant 

has both (1) the intent to maintain dominion and control and (2) the capability to maintain 

dominion and control over the contraband. Goliday v. State, 708 N.E.2d 4, 6 (Ind. 1999). 

To prove the intent element, the State must demonstrate the defendant’s knowledge of the 

presence of the contraband, which may be inferred from either the exclusive dominion and 

control over the premises containing the contraband or, if the control is non-exclusive, 

evidence of additional circumstances pointing to the defendant’s knowledge of the 

presence of the contraband. Id. (quoting Taylor v. State, 482 N.E.2d 259, 261 (Ind. 1985)). 

Such additional circumstances include, but are not limited to, the following: (1) 

incriminating statements by the defendant; (2) attempted flight or furtive gestures; (3) 

location of substances like drugs in settings that suggest manufacturing; (4) proximity of 

the contraband to the defendant; (5) location of the contraband within the defendant’s plain 

view; and (6) the mingling of the contraband with other items owned by the defendant. 

Macklin v. State, 701 N.E.2d 1247, 1251 (Ind. Ct. App. 1998).

Even if we assume other people had access to Hedgecraft’s garage, an assumption 

that was not supported by the actual evidence, the additional circumstances presented at 

trial support the inference that Hedgecraft intended to maintain dominion and control over 

his garage, and that he had actual knowledge of the garage’s illegal character. First, when 

Hedgrecraft met the officers at his home, he was jittery. Also, when the Officers entered 

Hedgecraft’s garage, they were met with a strong odor, a smell obvious to them that the 
6

garage had been used as a methamphetamine lab. Moreover, when the officers searched 

the garage, they found items commonly used in the production of methamphetamine in 

plain view. 

To prove the capability prong, the State had to show that Hedgecraft had “the power, 

by way of legal authority, or in a practical sense, to control the place where, or the item in 

which, the substance is found.” Jones v. State, 807 N.E.2d 58, 65 (Ind. Ct. App. 2004). 

Here, the record reveals that only Hedgecraft and his son had keys to the garage. 

Hedgecraft’s son, who was in prison, had lost his keys, and this only meant that by process 

of elimination, Hedgecraft was the only one who had access to the garage. The record 

further reveals that the garage door had a deadbolt and was strapped shut, and the overhead 

garage door opener had been disabled. For these reasons, we conclude that Hedgecraft 

constructively possessed the items found in the garage.

II. Sentencing 

We have held that, “[a]s long as the sentence is within the statutory range, it is 

subject to review only for an abuse of discretion. Anglemyer v. State, 868 N.E.2d 482, 490 

(Ind. 2007), aff’d on reh’g, 875 N.E.2d 218 (Ind. 2007). An abuse of discretion occurs if 

the decision is clearly against the logic and effect of the facts and circumstances before the 

court, or the reasonable, probable, and actual deductions to be drawn therefrom. Id. One 

way in which a trial court may abuse its discretion is by failing to enter a sentencing 

statement at all. Id. Another example includes entering a sentencing statement that 

explains reasons for imposing a sentence, including aggravating and mitigating factors, 

which are not supported by the record. Id. at 490–91.
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Since the trial court no longer has any obligation to weigh aggravating and 

mitigating factors against each other when imposing a sentence, a trial court cannot now 

be said to have abused its discretion by failing to properly weigh such factors. Id. at 491.

This is so because once the trial court has entered a sentencing statement, which may or 

may not include the existence of aggravating and mitigating factors, it may then impose 

any sentence that is authorized by statute and permitted under the Indiana Constitution. Id. 

This does not mean that criminal defendants have no recourse in challenging sentences 

they believe are excessive. Id. Although a trial court may have acted within its lawful

discretion in determining a sentence, Appellate Rule 7(B) provides that the appellate court 

may revise a sentence authorized by statute if the appellate court finds that the sentence is 

inappropriate in light of the nature of the offense and the character of the offender. Id. It 

is on this basis alone that a criminal defendant may now challenge his sentence where the 

trial court has entered a sentencing statement that includes a reasonably detailed recitation 

of its reasons for imposing the particular sentence that is supported by the record, and the 

reasons are not improper as a matter of law. Id.

A. Aggravators

Hedgecraft argues that the trial court’s consideration of his criminal history as a 

single aggravator was improper. We have held that one aggravating factor can be a 

sufficient basis to enhance a sentence. Peoples v. State, 649 N.E.2d 638, 640 (Ind. Ct. App.

1995). In the instant case, the record reveals that the trial court relied on the pre-sentence 

report which showed that Hedgecraft had several misdemeanor convictions including 

criminal conversion, criminal trespass, operating vehicle while intoxicated, burglary 
8

resulting in bodily injury, driving while intoxicated and driving while on suspended 

license. Therefore, we conclude the trial court properly relied on his criminal history as an

aggravating factor.

B. Inappropriate Sentence

Hedgecraft next argues that the sentence imposed by the trial court is inappropriate 

in light of the nature of the offense and the character of the offender as provided for in

Appellate Rule 7(B). We note that the sentence for dealing in methamphetamine, a Class 

B felony, is a fixed term of between six and twenty years, with the advisory sentence being 

10 years. See I.C. § 35-50-2-5. Whereas the sentence for maintaining common nuisance, 

a Class D felony is a fixed term of between six months and three years, with the advisory 

sentence being one and one-half years. The trial court in this instant case sentenced 

Hedgecraft to the maximum sentence on both offenses. 

Here, Hedgecraft attempts to discount the seriousness of the nature of his offenses 

by claiming he did not any way harm his neighbors. While no evidence was presented at 

trial showing Hedgecraft lived in a populated neighborhood thus posing a danger to his 

neighbors, we have reason to believe that as a matter of fact it did. The record shows that 

the Officers responded an anonymous tip, therefore a reasonable inference can be made 

that a concerned neighbor had been affected by Hedgecraft’s manufacturing of 

methamphetamine. Moreover, at trial, the Officers testified that even though they did not 

find actual methamphetamine, they were certain that the manufacturing process of 

methamphetamine had taken place at Hedgecraft’s garage.
9

On review of the Hedgecraft’s character, the record reveals that he had been 

convicted of several misdemeanor convictions and he admitted to being addicted to drugs. 

Based on the foregoing, we cannot say that Hedgecraft’s sentence is inappropriate based 

on the nature of the offense and his character.

III. Inconsistent Verdict

Hedgecraft lastly contends that his conviction for Count III, dealing in 

methamphetamine must be vacated because the jury did not convict him of Count I, 

possession of chemical reagents or precursor with intent to manufacture. He argues that it 

is impossible to convict him of manufacturing methamphetamine without first possessing 

the chemical precursors of methamphetamine. 

We note that, both offenses have different elements. I.C. § 35–48–4–2(a)(1)(A)

provides that a person who knowingly or intentionally manufactures a schedule II 

controlled substance, which includes methamphetamine, commits a Class B felony.

Whereas, a person who possesses two or more chemical reagents or precursors with the 

intent to manufacture methamphetamine commits a Class D felony. See I.C. § 35–48–4–

14.5(b). We have recognized that: 

[t]he sole practical difference between these two offenses is that one may be guilty of 

possessing the chemical precursors with intent to manufacture without actually 

beginning the manufacturing process, whereas the manufacturing process must, at the 

very least, have been started by a defendant in order to be found guilty of manufacturing 

methamphetamine.

Scott v. State. 803 N.E.2d 1231, 1239 (Ind. Ct. App. 2004).

Here, because the jury was hung on Count I they could not determine whether 

Hedgecraft was guilty of possessing chemical precursors of methamphetamine. 
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Nevertheless, the jury found that the State had proved beyond reasonable doubt that 

Hedgecraft had knowingly or intentionally manufactured methamphetamine from his 

garage. The evidence presented at trial indicates that Hedgecraft had previously 

manufactured methamphetamine in his garage. The record shows that when the Officers 

searched Hedgecraft’s garage, they detected a very strong chemical odor indicating that the 

garage was as a methamphetamine laboratory. Also, they found equipment used in the 

production of methamphetamine including a bottle converted into a HCL generator, two

cans of Coleman fuel, two vinyl tubing, a blender that contained a white residue and one

pot in the trash. At trial, the Officers testified that even though they did not find actual 

methamphetamine, they were certain that the manufacturing process of methamphetamine 

had started and had recently been completed at Hedgecraft’s garage. (Tr. p. 234). The 

evidence presented at trial reasonably leads to the conclusion that actual methamphetamine 

had been created in Hedgecraft’s garage. Under these particular circumstances, we cannot 

say that because the jury was hung on Count I, it would be proper to vacate Hedgecraft’s

conviction on Count III. 

We therefore conclude that these two offenses, having separate elements, are 

independent in nature, and must be proved separately. In this regard, we find that the State 

presented sufficient evidence at trial, to permit a reasonable conclusion that Hedgecraft 

knowingly and intentionally manufactured methamphetamine in his garage. For this 

reason, we find that Hedgecraft’s conviction for dealing in methamphetamine need not be 

vacated.

CONCLUSION
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Based on the foregoing, we conclude that, 1) there was sufficient evidence to 

support Hedgecraft’s conviction for dealing in methamphetamine; 2) the trial court 

properly sentence Hedgecraft; and 3) Hedgecraft’s conviction for dealing in

methamphetamine need not be vacated since the State proved the charge beyond a 

reasonable doubt, Hedgecraft committed the offense. 

Affirmed.

VAIDIK, C.J. and MAY, J. concur