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  5. 698 N.E.2d 732 (1998)
 

SEAY v. STATE

No. 82S01-9701-PC-26.

698 N.E.2d 732 (1998)

Garry T. SEAY, appellant (Petitioner below), v. STATE of Indiana, Appellee (Respondent below).

Supreme Court of Indiana.

July 8, 1998.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Cynthia Maricle Russell, Deputy Public Defender, Indianapolis, for Appellant.

Pamela Carter, Attorney General of Indiana, Michael K. Ausbrook, Deputy Attorney General, Indianapolis, for Appellee.

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Garry Seay seeks post-conviction relief from a trial court's determination that he was a habitual criminal. His claim arises under Article I, § 19, of the Indiana Constitution: "In all criminal cases whatever, the jury shall have the right to determine the law and the facts."

Background

In a bifurcated proceeding, Seay was convicted of two counts of dealing in drugs and then found to...

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