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PHEBUS v. STATE

No. 1-374A38.

323 N.E.2d 256 (1975)

Robert G. PHEBUS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

February 26, 1975.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Darrell F. Ellis, Deputy Public Defender, Indianapolis, for defendant-appellant.

Theodore L. Sendak, Atty. Gen. of Ind., Robert F. Colker, Asst. Atty. Gen., Indianapolis, for plaintiff-appellee.

Before ROBERTSON, C.J., and LOWDERMILK and LYBROOK, JJ.

PER CURIAM.

Phebus appeals from the denial of his petition for postconviction relief contending that his guilty plea must be set aside for the trial court's failure to advise him of his constitutional rights before accepting his plea.

At his arraignment on February 27, 1969,1 Phebus waived his right to counsel and offered a plea of guilty. In that situation the trial court had an affirmative duty to advise Phebus of his constitutional...

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