Glenn Dillard v. State of Indiana (mem. dec.), 49A05-1706-CR-1189

Undercover IMPD officer Kent Meier was approached by Glenn Dillard during a sting on Sept. 23, 2016; Dillard entered the officer’s car and offered drugs.
Dillard told the officer he could obtain $5 worth of crack and showed a pipe, claiming the crack was inside; he also said the officer could buy both pipe and drugs for $20.
Officer Meier gave prerecorded buy money; Dillard exited the car and was later arrested; the $20 buy money was found on him.
Laboratory testing of the pipe revealed cocaine residue but no measurable amount of cocaine.
The State charged Dillard with Class A misdemeanor dealing in paraphernalia (pipe intended for use with cocaine); after a bench trial, Dillard was convicted.
On appeal Dillard argued the evidence was insufficient because the cocaine was merely packaged in the pipe and the transaction was for the drug, not the paraphernalia.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to convict Dillard of Class A misdemeanor dealing in paraphernalia	The State: Dillard knowingly delivered a pipe intended/designed for ingesting cocaine; the sale included the pipe and was not incidental	Dillard: The sale was for cocaine packaged in the pipe; selling the drug (even if contained in a pipe) is not dealing in paraphernalia	Affirmed — evidence sufficient. The officer purchased the pipe as part of the transaction; pipe contained cocaine residue and sale of pipe was not merely incidental

Sallee v. State, 51 N.E.3d 130 (Ind. 2016) (appellate standard for reviewing sufficiency of the evidence)
Drane v. State, 867 N.E.2d 144 (Ind. 2007) (evidence sufficient if reasonable inferences support conviction)