SCHLABACH v. STATE

No. 20A05-0507-CR-383.

842 N.E.2d 411 (2006)

Phillip E. SCHLABACH, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

Transfer Denied April 27, 2006.


Attorney(s) appearing for the Case

William J. Cohen, Elizabeth A. Block, Cohen Law Offices, Elkhart, for Appellant.

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


OPINION

CRONE, Judge.

Case Summary

Phillip E. Schlabach appeals his convictions for class A felony possession of methamphetamine with intent to deliver and class A misdemeanor possession of marijuana. We reverse and remand for a new trial.

Issue

The dispositive issue is whether Schlabach is entitled to reversal based on the jury's consideration of a misdemeanor summons without his knowledge.

Facts and Procedural History...

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