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Published by the Indiana Office of Court Services

Halferty v. State, No. 20A03-0910-CR-475, __ N.E.2d __ (Ind. Ct. App., July 9, 2010)

July 9, 2010 Filed Under: Criminal Tagged With: Appeals, J. Kirsch

KIRSCH, J.
To prove Class A felony dealing in methamphetamine, the State had to prove that Halferty was manufacturing three grams of methamphetamine. The State introduced evidence that Halferty had produced .40 grams of methamphetamine and that he was using the 4.61 grams of ephedrine/pseudoephedrine to produce additional methamphetamine. Trooper Faulstich‟s ratio conversion testimony was the only evidence to support the contention that, at the time the officers entered Apartment C, Halferty was producing the additional 2.60 grams of methamphetamine necessary for the Class A felony conviction. In part, Trooper Faulstich testified that the yield could be as low as fifty percent. Cooking the 4.61 grams of ephedrine/pseudoephedrine at a yield of fifty percent would create about 2.31 grams of methamphetamine—an amount that, even when added to the .40 grams of produced methamphetamine, would produce less than three grams. Trooper Faulstich also testified that the conversion ratio was “in general,” “usually,” or “about” seventy to eighty percent. Id. at 275, 276. The use of these terms does not constitute proof beyond a reasonable doubt. Without the proof of three grams, a conviction for Class A felony dealing in methamphetamine cannot stand.
FRIEDLANDER, J., and ROBB, J., concur.

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