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STATE v. MOHLER

No. 87A01-9605-PC-163.

679 N.E.2d 170 (1997)

STATE of Indiana, Appellant-Respondent, v. Guy A. MOHLER, Appellee-Petitioner.

Court of Appeals of Indiana.

Transfer Granted September 12, 1997.

Attorney(s) appearing for the Case

Pamela Carter, Attorney General, Michael K. Ausbrook, Anthony Scott Chinn, Deputies Attorney General, Indianapolis, for Appellant-Respondent.

John Burley Scales, Boonville, for Appellee-Petitioner.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

In this appeal we are asked to decide whether the rule announced in Bryant v. State, 660 N.E.2d 290 (Ind.1995), cert. denied, ___ U.S. ___, 117 S.Ct. 293, 136 L.Ed.2d 213 (1996), applies retroactively to cases on collateral review. In Bryant, our supreme court held that the Indiana Controlled Substance Excise Tax ("CSET") is a punishment and, thus...

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