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GUTIERREZ v. STATE

No. 977S717.

386 N.E.2d 1207 (1979)

Samuel J. GUTIERREZ, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

March 26, 1979.

Attorney(s) appearing for the Case

Steve Lustina, Merrillville, for appellant.

Theodore L. Sendak, Atty. Gen., Gordon F. White, Jr., Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Appellant Gutierrez, along with Robert Taggart and William McCall, were charged by a Lake County Grand Jury with premeditated murder and murder during the Commission of a robbery for the shooting death of Richard Wozniak. The three were jointly tried to a jury in the Jasper Circuit Court. Gutierrez was found guilty of felony murder and second degree murder on March 11, 1977, and was sentenced to a term of life imprisonment with sentencing withheld...

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