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CARLSON v. STATE

No. 46A03-9804-CR-197.

716 N.E.2d 469 (1999)

Kenneth E. CARLSON, Appellant-Defendant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana.

August 31, 1999.

Attorney(s) appearing for the Case

Donald W. Pagos, Sweeney, Dabagia, Donoghue, Thorne, Janes & Pagos, Michigan City, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Arthur Thaddeus Perry, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

SULLIVAN, Judge

Appellant Kenneth E. Carlson (Carlson) challenges the sentence for his conviction of Dealing in Cocaine, a Class B felony.1

We reverse and remand.

Carlson claims that the trial court improperly cited the following three aggravating factors in imposing his sentence.

(1) Evidence of the amount of cocaine possessed by Carlson, where defendant pleaded guilty to a lesser included offense...

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