Barnett v. State

BAKER, Judge.

Richard P. Barnett, Sr., was resentenced for Dealing a Schedule IV Controlled Substance, a Class C felony, after this court vacated his conviction for Dealing a Schedule III Controlled Substance, a Class B felony. Barnett v. State (1991), Ind.App., 579 N.E.2d 84, trans. denied. Barnett now argues the new sentence is improper because it is proportionally greater than the prior sentence.

*233FACTS

Barnett was originally convicted of Count I, Dealing in a Schedule III Controlled Substance, a Class B felony, Count II, Dealing in a Schedule IV Controlled Substance, a Class C felony, and…