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SANDERS v. STATE

No. 49S02-0204-PC-223.

765 N.E.2d 591 (2002)

Anthony SANDERS, Appellant (Petitioner Below), v. STATE of Indiana, Appellee (Respondent Below).

Supreme Court of Indiana.

April 3, 2002.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Ruth Johnson, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Adam M. Dulik, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

SHEPARD, Chief Justice.

Appellant Anthony Sanders was convicted of dealing in cocaine during a 1991 trial and found to be an habitual offender. The Court of Appeals affirmed. Sanders v. State, No. 49A02-9112-CR-563, slip op., 597 N.E.2d 390 (Ind.Ct.App. July 30, 1992).

Sanders sought post-conviction relief, asserting that the form of the habitual offender instruction was fundamental error and that trial and...

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