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LIVINGSTON v. STATE

No. 49S00-8701-CR-23.

542 N.E.2d 192 (1989)

Phillip LIVINGSTON, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

August 15, 1989.

Attorney(s) appearing for the Case

John B. Wilson, Jr., Nashville, for appellant.

Linley E. Pearson, Atty. Gen., Amy Schaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.

DeBRULER, Justice.

Appellant Phillip Livingston was convicted of the Class A felony of dealing in more than three ounces of a narcotic drug, namely heroin, I.C. 35-48-4-1, and also of possession of more than three ounces of the same narcotic, a Class C felony, I.C. 35-48-4-6. The trial court merged the two convictions into one and sentenced Livingston to the presumptive sentence of thirty years.

Appellant challenges his conviction on the grounds that the trial...

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