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EMERT v. STATE

No. 2-674A154.

323 N.E.2d 259 (1975)

Juan EMERT, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied April 1, 1975.

Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, David P. Freund, Deputy Public Defender, Indianapolis, for defendant-appellant.

Theodore L. Sendak, Atty. Gen., James M. Garrettson, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

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

PER CURIAM.

Emert appeals the denial of his petition for post-conviction relief from a guilty plea entered on January 15, 1973 on a charge of violating the 1935 Firearms Act.

We reverse.

Our Supreme Court has construed Boykin v. Alabama (1969), 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 as requiring an in-court advisement and waiver of a defendant's right to trial by jury, right to confront his accusers, and privilege...

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