Glenn v. State

James Glenn had been convicted of violating the 1935 Narcotics Act—possession of heroin. He was sentenced to not less than five (5) nor more than twenty (20) years on January 28, 1972. Later, September 28, 1973, he filed his petition for post-conviction relief so that he could elect to receive treatment as a drug abuser under the Indiana Drug Act, IC 1971, 16-13-7.5-16 and 16-13-7.5-18 (Burns Code Ed.)1

The trial court denied Glenn’s petition and his appeal raises these issues for our review:

Issue One: Did the trial court have reason to believe that Glenn was a “drug abuser” before he was…