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775 N.E.2d 681

Poe v. State

Indiana Court of Appeals

Decided September 17, 2002

Indiana Court of Appeals · decided 2002-09-17

Cited by 3 later decisions — most recently March 2014

3 state decisions

Relies on Hatcher v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2002-09-17

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BARNES, Judge,

¶1concurring in result.

¶2I concur, but write separately to explain my concurring vote in Hatcher, 762 N.E.2d 170 (Ind.Ct.App.2002), trans. denied. Although not mentioned in the opinion, the trial court’s tendered jury instruction in Hatcherincluded the language of Indiana Code Section 35-48-1-18 that refers to the personal use exemption. The instruction at issue here does not mention the personal use exemption language contained in the statute. Because the trial court specifically omitted the statutory personal use exemption language, I concur with the majority’s conclusion that the trial court’s tendered jury instruction was improper.

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