John F. Harris, III v. State of Indiana

OPINION

CRONE, Judge.

Case Summary

John F. Harris, III, was convicted of possession of cocaine, which was enhanced to a class B felony because the offense occurred within 1000 feet of a family housing complex. Harris was also found to be a habitual offender based on prior convictions of escape and possession of cocaine with intent to deliver.

On appeal, Harris argues that a statutory defense to the class B felony enhancement applies because he was present in the proscribed zone for only a brief period of time and no children were present. Although no children were seen at the time of the offense,…