Seeley v. State

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Clarence Seeley, Jr., appeals his conviction for dealing in a schedule III controlled substance, as a Class A felony, and for *865being an habitual offender. Seeley raises the following three issues for our review:

1. Whether he was entitled to a jury instruction stating that he was only "briefly" within 1,000 feet of school property because the drug transaction was short in time, even though it occurred at his permanent residence;

2. Whether the State presented sufficient evidence to demonstrate that the alleged crime occurred within 1,000 feet of school…