Whitt v. State

OPINION

STATON, Judge.

Terrence Whitt (“Whitt”) was convicted for possession of cocaine within 1000 feet of school property, a class B felony1, failure to pay the Controlled Substance Excise Tax, a class D felony2, and resisting a law enforcement officer, a class A misdemeanor3. Whitt raises two issues on appeal which we restate as follows:

I. Whether the evidence was sufficient to support the conviction for possession within 1000 feet of school property.

II. Whether the Controlled Substance Excise Tax (“CSET”) is unconstitutional.

We affirm in part, reverse in part, and remand.

The facts most…