Fyock v. State

TRANSFER FROM COURT OF APPEALS

GIVAN, Chief Justice.

Appellant was charged on a one-count information with possession of a Controlled Substance. He was convicted in a bench trial and sentenced to a two year term of imprisonment.

The Court of Appeals reversed his conviction. Fyock v. State, (1981) Ind.App., 428 N.E.2d 58. In reversing the conviction, the Court of Appeals held a search of appellant’s car was invalid and thus the fruits of the search were tainted and could not be used as evidence upon retrial. The State petitions to transfer to this Court under Ind.R.App.P. 11(B). In its petition…