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STATE v. TURNER

No. 2-678A184.

383 N.E.2d 428 (1978)

STATE of Indiana, Plaintiff-Appellant, v. Jerry Frank TURNER, Defendant-Appellee.

Court of Appeals of Indiana, Fourth District.

December 20, 1978.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Gordon R. Medlicott, Deputy Atty. Gen., Indianapolis, for plaintiff-appellant.

Douglas D. Church, Church, Roberts & Beerbower, Noblesville, for defendant-appellee.

CHIPMAN, Presiding Judge.

CASE SUMMARY

Appellant-plaintiff State of Indiana appeals from the trial court's denial of its motion to correct error. The State alleges it was error to sentence Jerry Frank Turner under Ind. Code 35-50-2-5 (Supp. 1978) rather than Ind. Code 35-13-4-4 which was the statute in effect at the time the alleged offense was committed.1

We affirm the conviction of Turner, but remand to the trial court...

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