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LEWIS v. STATE

No. 3-874A144.

337 N.E.2d 516 (1975)

Wilma Diane LEWIS, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

November 20, 1975.

Attorney(s) appearing for the Case

Barrie C. Tremper, Fort Wayne, for defendant-appellant.

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

GARRARD, Judge.

In a trial to the court Wilma Diane Lewis was convicted of theft. Pursuant to the provision for sentencing recidivists she was sentenced to the Indiana Women's Prison for an indeterminate term of one to ten years.1

We sustain the conviction but find that sentence was erroneously imposed.

The evidence favorable to the state disclosed that an employee of L.S. Ayres saw two women take two pantsuits into a dressing...

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