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DAVID v. STATE

No. 45S04-9505-CR-545.

669 N.E.2d 390 (1996)

Lowden Wayne DAVID, III, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

Rehearing Denied October 28, 1996.

Attorney(s) appearing for the Case

Mark A. Bates, Appellate Public Defender, Crown Point, for Appellant.

Pamela Carter, Attorney General, Lisa M. Paunicka, Deputy Attorney General, Office of the Attorney General, Indianapolis, for Appellee.

ON PETITION TO TRANSFER

SELBY, Justice.

Lowden Wayne David, III ("defendant") was convicted of dealing in heroin, a class A felony, IND.CODE § 35-48-4-1, and was sentenced to thirty-five years. He appeals his conviction on the basis of an erroneous jury instruction. We affirm the conviction.

FACTS

Gary Police Officer Gabriele Wilson stopped defendant for a traffic violation, and arrested him due to an outstanding warrant. While defendant...

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