Bates v. State

Rex Bates was charged with and convicted by jury of six counts of violating the Indiana Controlled Substances Act. Counts One and Two charged Bates with, respectively, Sale and Possession of Phencyclidine, a Schedule III drug, on January 4, 1977. Counts Three and Four charged Bates with, respectively, Sale and Possession of Phencyclidine on March 2, 1977. Counts Five and Six charged Bates with, respectively, Sale and Possession of Secobarbital, a Schedule III drug, on March 2, 1977.

The jury failed to assess a penalty in rendering a verdict. The trial court imposed three concurrent sentences…