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SEELEY v. STATE

No. 21A05-1003-CR-167.

936 N.E.2d 863 (2010)

Clarence SEELEY, Jr., Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

November 15, 2010.

Attorney(s) appearing for the Case

Gregory F. Zoeller , Attorney General of Indiana, Joby D. Jerrells , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

John Pinnow , Special Assistant to the State Public Defender, Greenwood, IN, Attorney for Appellant.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Clarence Seeley, Jr., appeals his conviction for dealing in a schedule III controlled substance, as a Class A felony, and for being an habitual offender. Seeley raises the following three issues for our review:

1. Whether he was entitled to a jury instruction stating that he was only "briefly" within 1,000 feet of school property because the drug transaction...

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