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KIRBY v. STATE

No. 18A02-0007-CR-467.

746 N.E.2d 440 (2001)

Michael E. KIRBY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 30, 2001.

Attorney(s) appearing for the Case

Alan K. Wilson, Muncie, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Nandita G. Shepherd, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, JUDGE

Appellant-defendant Michael E. Kirby appeals the sentence imposed by the trial court for his conviction for Possession of a Controlled Substance,1 a class C felony. Specifically, Kirby contends that the three aggravating factors relied upon by the trial court in determining his sentence, were either improper or erroneously applied.

FACTS

The facts most favorable to the judgment reveal...

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