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SMITH v. STATE

No. 49A02-0204-PC-308.

774 N.E.2d 1021 (2002)

Robert L. SMITH, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

September 16, 2002.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Linda K. Hughes, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATTINGLY-MAY, Judge.

Robert Smith appeals the denial of his amended petition for post-conviction relief, asserting that the post-conviction court erred when it determined consecutive habitual offender enhancements were properly imposed on Smith.1

We reverse and remand.

FACTS AND PROCEDURAL HISTORY

In February of 1997, Smith was charged with possession of cocaine,2

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