DAVIS v. STATE

Nos. 2-872-A-41, 2-972-A-59.

297 N.E.2d 450 (1973)

Joseph Jerry DAVIS, Jr., Petitioner-Appellant, v. STATE of Indiana, Respondent-Appellee. Dwight Perry, Petitioner-Appellant, v. State of Indiana, Respondent-Appellee.

Court of Appeals of Indiana, Second District.

June 27, 1973.


Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, John R. Gerbracht, Malcolm K. McClintick, Deputy Public Defenders, Indianapolis, for petitioners-appellants.

Theodore L. Sendak, Atty. Gen., John McArdle, A. Frank Gleaves, III, Deputy Attys. Gen., Indianapolis, for respondent-appellee.


SULLIVAN, Judge.

These cases arose as separate appeals from Post-Conviction proceedings in which the petitioners sought reductions of their indeterminate sentences for Robbery on the grounds that the sentences are not, as required by the Indiana Constitution, Article I § 16, proportioned to the sentence for Armed Robbery. Since the appeals concern a common question of law, we have consolidated the cases for our consideration, in accordance with AP. 5(B).

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