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SMITH v. STATE

No. 49S00-9601-CR-81.

670 N.E.2d 7 (1996)

Richard SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 17, 1996.

Attorney(s) appearing for the Case

Robert C. Perry, Indianapolis, for Appellant.

Pamela Carter, Attorney General, Rafal Ofierski, Deputy Attorney General, Indianapolis, for Appellee.

SHEPARD, Chief Justice.

Appellant Richard M. Smith appeals his sentence, contending that the trial court did not recognize an appropriate mitigating circumstance. We affirm.

After a trial before a Marion County jury, Smith stands convicted of dealing in cocaine, a class A felony, Ind.Code Ann. § 35-48-4-1 (West Supp.1996), and possession of cocaine, a class C felony, Ind.Code Ann. § 35-48-4-6 (West Supp.1996). The jury also found that he is an habitual...

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