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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: ATTORNEYS FOR APPELLEE:

MARK S. LENYO GREGORY F. ZOELLER
South Bend, Indiana  Attorney General of Indiana

   WADE JAMES HORNBACHER
   Deputy Attorney General
Indianapolis, Indiana



IN THE
COURT OF APPEALS OF INDIANA



MICHAEL CHESTER, )
)
Appellant/Defendant, )
)
vs. ) No. 71A03-1003-CR-117
)
STATE OF INDIANA, )
)
Appellee/Plaintiff. )



APPEAL FROM THE ST. JOSEPH SUPERIOR COURT
The Honorable Jerome J. Frese, Judge
Cause No. 71D03-0205-FB-52



June 2, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION


BRADFORD, Judge  

Appellant/Defendant Michael Chester appeals from the sentence imposed following his guilty pleas to Class B felony Dealing in Cocaine1 and Class D felony Maintaining a Common Nuisance2 and his admission to being a Habitual Offender.3  Chester contends that the trial court erroneously attached the habitual offender sentence enhancement to his maintaining a common nuisance conviction.  We reverse and remand for resentencing.
1  Ind. Code

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Indiana Law