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HOTT v. STATE

No. 2-878A297.

409 N.E.2d 1082 (1980)

Don HOTT, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

September 4, 1980.

Attorney(s) appearing for the Case

Max E. Hobbs, Fort Wayne, for appellant.

Theodore L. Sendak, Atty. Gen., Terry G. Duga, Deputy Atty. Gen., Indianapolis, for appellee.

Petition to Transfer Denied.

[For opinion of Court of Appeals see 400 N.E.2d 206.]

DeBRULER, Justice, dissenting.

Appellant was charged and convicted of making two obscene telephone calls in violation of Ind. Code § 35-30-9-1(a) (repealed effective January 1, 1978). He received concurrent sentences of 180 days on the State Farm and a $500 fine on two counts.

The evidence given by the Chief of Police...

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