Pat Kelley A/K/A Willard Patrick v. State

Defendant-appellant Pat Kelley, also known as Willard Patrick, was charged by affidavit in two counts with 1) possession of a narcotic drug, to-wit: heroin, and 2) sale of a narcotic drug, to-wit: heroin. To such charges appellant pleaded not guilty. Following trial before a jury, appellant was found guilty as charged in both counts of the affidavit and sentenced to the custody of the Indiana Department of Corrections for concurrent periods of not less than five years nor more than twenty years for the sale of a narcotic drug, and not less than two years nor more than ten years for possession of a narcotic drug. The trial court subsequently vacated the finding and sentence of guilty as to the charge of possession. Thereafter, appellants motion to correct errors was overruled and this appeal was perfected.