STEWART v. STATE

No. 480S97.

402 N.E.2d 973 (1980)

Marlin STEWART, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

April 10, 1980.


Attorney(s) appearing for the Case

Charles Thomas Gleason, Wood, Tuohy, Gleason & Mercer, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen. of Indiana, Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.


HUNTER, Justice.

This cause is before this Court on a Petition to Transfer and is directed to the memorandum decision of the Court of Appeals, Second District, in which that Court sua sponte dismissed the appeal for lack of jurisdiction based upon the fact that the trial court's ruling on petitioner's Motion to Correct Errors was not in the transcript.

Petitioner was convicted of theft, a class D felony, Ind. Code § 35-43-4-2 (Burns 1979 Repl....

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