WOLFE v. STATE

No. 2-1075A304.

362 N.E.2d 188 (1977)

Kenneth WOLFE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

April 28, 1977.


Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Carr L. Darden, Sr., Deputy Public Defender, for appellant.

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


BUCHANAN, Presiding Judge.

ON PETITION FOR REHEARING

CASE SUMMARY

Kenneth Wolfe (Wolfe) challenges our decision dismissing his appeal on jurisdictional grounds, claiming we should have considered the appeal on its merits, i.e., whether he should have been granted the right to elect a determinate sentence instead of receiving an indeterminate sentence because the penalty for rape was changed between the trial date and sentencing date.

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