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SCHMIDT v. STATE

No. 3-573A53.

307 N.E.2d 484 (1974)

Robert Lee SCHMIDT, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Third District.

February 22, 1974.

Attorney(s) appearing for the Case

James V. Tsoutsouris, Cagen & Tsoutsouris, Valparaiso, for appellant.

Theodore L. Sendak, Atty. Gen., William E. Daily, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge.

I.

STATEMENT ON THE APPEAL

Before sentencing upon his rape conviction, Robert Lee Schmidt petitioned the trial court for an examination as a possible criminal sexual deviant. Two psychiatrists were appointed by the trial court to examine him. Prior to the hearing on the petition, Robert Lee Schmidt filed a motion to vacate the conviction. This motion was heard at the same time as the petition over the objection of the State of Indiana...

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