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MENDEZ v. STATE

No. 676 S 171.

367 N.E.2d 1081 (1977)

Celso MENDEZ, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 28, 1977.

Attorney(s) appearing for the Case

Robert S. Bechert, Deputy Public Defender, Fort Wayne, for appellant (defendant below).

Theo. L. Sendak, Atty. Gen., Robert L. Clegg, III, Deputy Atty. Gen., Indianapolis, for appellee (plaintiff below).

PRENTICE, Justice.

Defendant was convicted in a trial by jury of Delivery of a Controlled Substance, Ind. Code (Burns Ind. Stat. Anno. 1974 Supp.) 35-24.1-4-1 (Repealed by Acts 1975, P.L. 338 § 4). For present law see Ind. Code (Burns 1975) 35-24.1-4.1-1, to-wit: Heroin. He was sentenced to imprisonment for twenty years and fined one thousand dollars. This appeal presents the following issues:

(1) Whether the trial court erred by denying defendant's motion...

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