Whitt v. State

SHEPARD, Chief Justice.

A man possessed cocaine within one thousand feet of an elementary school without having paid Indiana's Controlled Substance Excise Tax (CSET). He was thereafter convicted on two counts and now claims this was a violation of his double jeopardy rights. We affirm.

I. Statement of Facts

The facts most favorable to the judgment reveal that on July 29, 1998, two policemen watched appellant Terrence L. Whitt take part in the sale of drugs at an intersection near Irwin Elementary School. After a significant chase, Officer Jay Thompson arrested Whitt and retrieved a bag of…