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GLENN v. STATE

No. 2-474A102.

322 N.E.2d 106 (1975)

James GLENN, Appellant, v. STATE of Indiana, Appellee.

Appeals Court of Indiana, Second District.

Rehearing Denied March 4, 1975.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender of Ind., Eugene C. Hollander, Deputy Public Defender, Indianapolis, for appellant.

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

STATON, Presiding Judge.

James Glenn had been convicted of violating the 1935 Narcotics Act — possession of heroin. He was sentenced to not less than five (5) nor more than twenty (20) years on January 28, 1972. Later, September 28, 1973, he filed his petition for post-conviction relief so that he could elect to receive treatment as a drug abuser under the Indiana Drug Act, I.C. 1971, 16-13-7.5-16 and 16-13-7.5-18 (Burns Code Ed.).1

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