CAREY v. STATE

No. 280S29.

416 N.E.2d 1252 (1981)

Wilbur CAREY, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

March 5, 1981.


Attorney(s) appearing for the Case

James A. Neel, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Carmen L. Quintana, Deputy Atty. Gen., Indianapolis, for appellee.


PIVARNIK, Justice.

Appellant Wilbur Carey was charged in Marion Criminal Court, Division Two, with two counts of unlawful dealing in a controlled substance, to-wit: heroin, under Ind. Code § 35-24.1-4.1-1 (Burns 1975), and with being a habitual criminal, under § 35-8-8-2. On the motion of the State, the habitual criminal count was dismissed prior to trial. Carey was tried to a jury and convicted on the two remaining charges. The trial court sentenced him...

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