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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: THOMAS W. VANES Office of the Public Defender Crown Point, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana J.T. WHITEHEAD Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
COREY ROCHELL FITCH, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 45A03-0608-CR-373

APPEAL FROM THE LAKE SUPERIOR COURT The Honorable Casey J. McCloskey, Temporary Judge Cause No. 45G04-0512-FB-104

August 21, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION BAILEY, Judge

Case Summary Corey Rochell Fitch appeals his convictions and sentences for three counts of dealing in cocaine, as a Class B felony, 1 and being adjudicated an habitual substance offender. 2 We affirm the convictions of dealing in cocaine, but remand for further proceedings regarding the habitual substance offender allegation and sentencing. Issues Fitch raises four issues on appeal, which we restate as follows: (1) Whether Fitch was deprived of his right to a public trial, where the trial court removed spectators from the courtroom during the testimony of a confidential informant; Whether the State's repeated references to facts not in evidence constituted fundamental error; Whether the trial court erred by conducting the habitual substance offender adjudication as a bench trial, where Fitch had not personally waived his right to a jury trial; and Whether the sentence for being adjudicated an habitual substance offender should be imposed as an enhancement of one of the sentences for dealing in cocaine, rather than as a separate sentence. Facts and Procedural History On three different days, Fitch sold cocaine to a confidential informant working with the Lake County Drug Task Force. The transactions occurred at the same residence in Gary. The State charged him with three counts of dealing in cocaine and later sought to have him

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Ind. Code

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