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ROBISON v. STATE

No. 3-1275A292.

359 N.E.2d 924 (1977)

Ronald Kay ROBISON, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

February 16, 1977.

Attorney(s) appearing for the Case

Timothy J. Connor, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Charles W. Vincent, Deputy Atty. Gen., Indianapolis, for appellee.

GARRARD, Judge.

The appellant was charged with theft and was tried by the court. At the conclusion of the trial the court made the following entry,

"Finding of guilty as charged and judgment is now by the court withheld."

We are aware of the practice of some trial courts in utilizing this form of entry in certain cases. However, it is not authorized by statute or rule. See, e.g., Indiana Rules of Procedure, Criminal Rule 11; IC 1971, 35-8...

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