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WINKER v. STATE

No. 3-676A132.

367 N.E.2d 26 (1977)

James WINKER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

September 14, 1977.

Attorney(s) appearing for the Case

Hawk P.C. Kautz, Merrillville, for appellant.

Theodore L. Sendak, Atty. Gen., Wesley T. Wilson, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Presiding Judge.

A jury convicted James Winker of entering to commit a felony, and he was sentenced to one to five years in prison. Winker contends on appeal that the trial court abused its discretion and committed fundamental error in:

(1) accepting the guilty pleas of Winker's co-defendants at trial after the close of the evidence; (2) severing the co-defendants from the trial prior to closing argument, final instructions, and submission...

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