HARRIS v. STATE

No. 20A03-1205-CR-210.

981 N.E.2d 610 (2013)

John F. HARRIS, III, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

January 18, 2013.


Attorney(s) appearing for the Case

Marielena Duerring , Duerring Law Offices, South Bend, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Gary R. Rom , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

CRONE, Judge.

Case Summary

John F. Harris, III, was convicted of possession of cocaine, which was enhanced to a class B felony because the offense occurred within 1000 feet of a family housing complex. Harris was also found to be a habitual offender based on prior convictions of escape and possession of cocaine with intent to deliver.

On appeal, Harris argues that a statutory defense to the class B felony enhancement applies because...

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