David, J.
. . . Upon learning that the police were there due to a report of a suspected methamphetamine lab, Parks immediately denied that there were any drugs or a methamphetamine lab inside the apartment. Parks was eventually transported to police headquarters, where he waived his Miranda rights and was questioned by Officer Chad Robinson.
During the interview with Officer Robinson, Parks was calm and cooperative. Parks admitted to using and attempting to cook methamphetamine. Parks insisted that he wanted to be honest and expressed his regret in being involved in this incident. He explained that in two attempts to cook, he produced about three-quarters of a gram of methamphetamine each time.
The other officers returned to the apartment with a search warrant. The Indiana State Police methamphetamine team was also present processing the scene. Various items were collected from the scene, including: lithium batteries, various plastic containers, a black trash bag filled with additional plastic containers and funnels, a homemade smoking device, and coffee filters. Indiana State Police Trooper Brock Russell, who has extensive experience in investigating methamphetamine labs, concluded that methamphetamine had been manufactured using the one pot method. [Footnote omitted.]
. . . .
The trial court found the following aggravating factors: Parks’ criminal history as a juvenile and an adult;2 [2 Parks was adjudicated a delinquent child for: criminal deviate conduct; receiving stolen property; dealing in a look-a-like substance; theft; and possession of marijuana. Parks’ adult record includes convictions for: Class A misdemeanor operating while intoxicated; Class D felony battery; and Class D felony possession of chemical reagents and precursors.] petitions to revoke probation; failed prior attempts to rehabilitate; and a history of substance abuse. The court also found mitigating factors, which consisted of: Parks’ family support; cooperation with law enforcement; and the emotional support of his children. However, determining that the aggravating factors outweighed the mitigating factors, the trial court sentenced Parks to forty (40) years for the crime of Class A felony dealing in methamphetamine as charged in Count II. [Footnote omitted.] Counts I, III, and IV were merged into Count II. Of the forty-year sentence, twenty-six (26) years were to be executed in the Indiana Department of Correction, four (4) years were to be executed through Tippecanoe County Community Corrections, and ten (10) years of the sentence were suspended to probation, of which five (5) years were to be supervised probation and five (5) years were to be unsupervised.
. . . .
In our collective judgment, Parks’ sentence is excessive. We believe a more appropriate sentence given the nature of the offense and the character of the defendant would be an aggregate sentence of thirty (30) years, with twenty (20) years to be executed at the Department of Correction, two (2) years to be executed through the Tippecanoe County Community Corrections, and eight (8) years to be suspended to probation, of which four (4) years Parks should be placed on supervised probation and four (4) years on unsupervised probation. This case is remanded to the trial court to impose a sentence of thirty (30) years for Count II dealing in methamphetamine [footnote omitted] to be served as stated.
Rush, C.J., Rucker, J., concur
Dickson, J., dissents with separate opinion in which Massa, J., joins:
. . . .
Giving due consideration to the trial court’s responsibility and unique opportunity to perceive and assess relevant factors, its decision imposing a moderate sentence near the middle of the designated statutory range, particularly in light of the serious nature of the offense and the lack of demonstrated virtuous character of the defendant; this case is not an extremely rare, exceptional case warranting appellate sentence modification. I decline to join the Court’s opinion finding this sentence to be inappropriate.