Betty A. Leon v. State of Indiana

── Betty A. Leon v. State of Indiana ── Court: Indiana Court of Appeals Date: May 20, 2026 Author: Paul Felix Category: General IN THE Court of Appeals of Indiana FILED Betty A. Leon, May 20 2026, 8:57 am Appellant-Defendant CLERK Indiana Supreme Court Court of Appeals and Tax Court v. State of Indiana, Appellee-Plaintiff May 20, 2026 Court of Appeals Case No. 25A-CR-2182 Appeal from the Huntington Superior Court The Honorable Jennifer E. Newton, Judge Trial Court Cause No. 35D01-2407-F2-196 Opinion by Judge May Judges Mathias and Felix concur. May, Judge. Court of Appeals of Indiana | Opinion 25A-CR-2182 | May 20, 2026 Page 1 of 15 [1] Betty A. Leon appeals following her convictions of Level 2 felony dealing in methamphetamine, 1 Level 6 felony possession of a narcotic drug, 2 Level 6 felony unlawful possession or use of a legend drug, 3 Level 6 felony unlawful possession of a syringe, 4 Class A misdemeanor possession of a controlled substance, 5 and Class C misdemeanor possession of paraphernalia. 6 Leon raises two issues on appeal, which we restate as: 1. Whether the State presented sufficient evidence that Leon committed Level 6 felony unlawful possession or use of a legend drug; and 2. Whether Leon has demonstrated that her twenty-six-year sentence is inappropriate in light of her offenses and character. We reverse Leon’s conviction for Level 6 felony unlawful possession or use of a legend drug but affirm her twenty-six-year sentence as she has not demonstrated it is inappropriate. 1 Ind. Code § 35-48-4-1.1(a)(2) & (e)(1). 2 Ind. Code § 35-48-4-6(a). 3 Ind. Code §§ 16-42-19-13 & 16-42-19-27(b). 4 Ind. Code § 16-42-19-18(a) & (b). 5 Ind. Code § 35-48-4-7(a). 6 Ind. Code § 35-48-4-8.3(b)(1). Court of Appeals of Indiana | Opinion 25A-CR-2182 | May 20, 2026 Page 2 of 15  Facts and Procedural History [2] On the evening of July 22, 2024, Patience Gutierrez, Shawn McDonald, and Leon went shopping and then returned to the second-floor apartment where Leon lived alone. Leon went to her bedroom to change clothes, while Gutierrez and McDonald smoked methamphetamine from a pipe they found in the kitchen. When Leon did not return from changing, Gutierrez went to the bedroom and found Leon unconscious on the floor. Leon was “turning colors.” (Tr. Vol. 2 at 111.) Gutierrez shook Leon, but Leon did not respond. Gutierrez attempted to wake Leon with ice, cold water, and Narcan, but none of them roused Leon. McDonald left the apartment, and Gutierrez called 911 for assistance. [3] Huntington County Deputy Sheriff Brock Woodward (“Deputy Woodward”) was dispatched to Leon’s apartment. When he arrived, Gutierrez directed him to the bedroom, and he found Leon on the floor. He turned Leon’s body so she was lying flat on the floor, and then he administered a dose of Narcan, checked Leon’s pulse and breathing, and began