Trabue v. State

Defendant-appellant Trabue contends on appeal that the denial of his petition for treatment as a drug abuser was contrary to law. Trabue asserts that he was eligible to make the election to be treated as a drug abuser and that the trial judge was required to permit the election.

Trabue was found guilty on October 18, 1972, of Unlawful Possession of Narcotics Injection Equipment pursuant to the since repealed 1935 Narcotics Act, IC 1971, 35-24-1-2, Ind. Ann. Stat. § 10-3520 (Burns 1956 Repl.). He was given a suspended, indeterminate sentence of not less than one year nor more than five years.…