Crowdus v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted of Count I, Possession of Cocaine, a Class D Felony, as a lesser included offense of the charge of Delivery of Cocaine, Ind.Code § 35-48-4-1(1) (Burns Supp.1981), and Count II, Delivery of Cocaine, a Class B Felony, Ind.Code § 35 — 48-4-1(1) (Burns Supp.1981). He was sentenced to two (2) years imprisonment upon Count I and eleven (11) years imprisonment upon Count II, such sentences to run concurrently. This direct appeal presents four issues, one of which requires us to reverse and remand for a new trial.

After the jurors had deliberated…