TOOLEY v. STATE

No. 1-872A58.

297 N.E.2d 856 (1973)

William F. TOOLEY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

June 29, 1973.


Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, John R. Gerbracht, Deputy Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Robert A. Zaban, Deputy Atty. Gen., Indianapolis, for appellee.


LYBROOK, Justice.

Defendant-appellant (Tooley) was charged by affidavit with incest. He pleaded guilty and was sentenced to not less than two nor more than twenty-one years.

Tooley's petition for post-conviction relief was summarily denied and this appeal follows.

The sole question on appeal is whether there was any genuine issue of material fact presented by Tooley's petition. If so, an evidentiary hearing was mandatory under PC 1(D)(6), which reads...

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