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BARNETT v. STATE

No. 84A01-9205-CR-143.

599 N.E.2d 232 (1992)

Richard P. BARNETT, Sr., Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

September 23, 1992.

Attorney(s) appearing for the Case

Christopher B. Gambill, Terre Haute, for appellant-defendant.

Linley E. Pearson, Atty. Gen., Richard C. Webster, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.

BAKER, Judge.

Richard P. Barnett, Sr., was resentenced for Dealing a Schedule IV Controlled Substance, a Class C felony, after this court vacated his conviction for Dealing a Schedule III Controlled Substance, a Class B felony. Barnett v. State (1991), Ind. App., 579 N.E.2d 84, trans. denied. Barnett now argues the new sentence is improper because it is proportionally greater than the prior sentence.

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