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ALARCON v. STATE

No. 41A04-8911-CR-530.

573 N.E.2d 477 (1991)

Arcadio ALARCON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied July 22, 1991.

Attorney(s) appearing for the Case

James H. Voyles, Dennis E. Zahn, Indianapolis, for appellant-defendant.

Linley E. Pearson, Atty. Gen., Geoff Davis, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.

RUCKER, Judge.

After a trial by jury Appellant-defendant Arcadio Alarcon (Alarcon) was convicted on 34 counts of Dealing in a Schedule IV Controlled Substance, Class C felonies.2 He received a total executed sentence of twelve (12) years imprisonment with eight (8) years suspended and ten (10) years probation.

Alarcon presents two interrelated issues, which we combine and rephrase as follows:

Whether Ind. Code § 35...

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