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ELVERS v. STATE

No. 09A02-9706-PC-374.

693 N.E.2d 99 (1998)

Gary ELVERS, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

Transfer Granted May 19, 1998.

Attorney(s) appearing for the Case

Ross G. Thomas, Dillon Law Office, Indianapolis, for Appellant-Petitioner.

Jeffrey A. Modisett, Attorney General, Christopher L. Lafuse, Deputy Attorney General, Indianapolis, for Appellee-Respondent.

OPINION

FRIEDLANDER, Judge.

Gary Elvers appeals the denial of his petition for post-conviction relief, presenting the following restated issue for review:

Did the post-conviction court err in refusing to vacate a conviction for possession of marijuana, when defendant had received a Controlled Substance Excise Tax assessment by the Indiana Department of Revenue for that same substance?

We reverse.

On July 23, 1992, Elvers was arrested...

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