Schnitz v. State

Indiana Supreme Court
Schnitz v. State, 666 N.E.2d 919 (Ind. 1996)
1996 Ind. LEXIS 64; 1996 WL 368839
Debruler, Dickson, Selby, Shepard, Sullivan

Schnitz v. State

Opinion of the Court

SHEPARD, Chief Justice.

The Court of Appeals held in this appeal that the State need not prove that a cocaine dealer knew that he committed his crime within 1000 feet of a school in order to convict the dealer of dealing in cocaine as a class A felony, Ind.Code Ann. § 35-48-4-1 (West Supp. 1990). Schnitz v. State, 650 N.E.2d 717 (Ind.Ct.App. 1995). We granted transfer to consider this question alongside the appeal in Walker v. State, 668 N.E.2d 243 (Ind. 1996).

For the reasons explained in Walker v. State, we summarily affirm the decision of the Court of Appeals in this ease. Ind. Appellate Rule 11(B)(3).

The judgment of the trial court is affirmed.

DICKSON and SELBY, JJ., concur. DeBRULER, J., dissents without separate opinion.

Dissenting Opinion

SULLIVAN, J.,

dissents for the reasons set forth in his dissenting opinion in Walker v. State, 668 N.E.2d 243 (Ind. 1996).

Reference

Full Case Name
Kenneth SCHNITZ, (Defendant Below) v. STATE of Indiana, (Petitioner Below)
Cited By
1 case
Status
Published