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PHILLIPS v. STATE

No. 3-174A4.

313 N.E.2d 101 (1974)

Rickey Lee PHILLIPS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

June 28, 1974.

Attorney(s) appearing for the Case

Jerome E. Levendoski, Fort Wayne, for defendant-appellant.

Theodore L. Sendak, Atty. Gen. of Ind., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for plaintiff-appellee.

HOFFMAN, Chief Judge.

On March 15, 1973, defendant-appellant Rickey Lee Phillips was charged by affidavit with the crime of possession of heroin. IC 1971, 35-24-1-20(c), Ind. Ann. Stat. § 10-3538(c) (Burns' Supp. 1973). Following trial to the court, Phillips was found guilty as charged, ordered committed to the Indiana Department of Corrections for a period of not less than two nor more than ten years and fined in the penal sum of $100. Thereafter, his motion...

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