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Published by the Indiana Office of Court Services

Richard v. State, No. 46A05-1312-CR-628, __ N.E.3d __ (Ind. Ct. App., Oct. 8, 2014).

October 9, 2014 Filed Under: Criminal Tagged With: Appeals, M. Robb

Robb, J.
On June 4, 2012, the police orchestrated another controlled buy between Richard and Vernard. Once again, Vernard was searched prior to the buy, and no contraband was found on her person. Vernard then met Richard at 221 Crestwood Drive, which is near the Garden Estates Housing Complex.  . . . .
. . . A jury trial was held in October 2013.  . . . .
. . . .
At trial, the State submitted evidence that arguably established that Garden Estates Housing Complex was a family housing complex within one thousand feet of the offense at the time of trial. However, the State failed to submit evidence at trial proving beyond a reasonable doubt that such was true at the time of Richard’s offense, which occurred more than one year earlier. Therefore, we reverse Richard’s conviction for dealing in cocaine within one thousand feet of a family housing complex as a Class A felony and remand with instructions to reduce that conviction to the lesser included offense of dealing in cocaine as a Class B felony. See Ind. Code § 35-48-4-1(a) (2011).
BAKER, J., and KIRSCH, J., concur.

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