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HENDRIXSON v. STATE

No. 2-873A177.

316 N.E.2d 451 (1974)

Elvin Eugene HENDRIXSON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

September 11, 1974.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, for appellant.

Theodore L. Sendak, Atty. Gen., John H. Meyers, Deputy Atty. Gen., Indianapolis, for appellee.

ON PETITION FOR REHEARING

GARRARD, Judge.

Five days after our decision denied relief in this cause, our Supreme Court decided Simmons v. State (1974), Ind., 310 N.E.2d 872.

Our original opinion denied defendant's right to file a belated motion to correct errors to supplement his attack on the trial court's denial of PCR 1 relief. This we deemed necessary under the construction that such appeals are governed by...

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