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COMSTOCK v. STATE

No. 979S263.

406 N.E.2d 1164 (1980)

Nick COMSTOCK, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

April 29, 1980.

Attorney(s) appearing for the Case

Hariette Bailey Conn, Public Defender, Kenneth M. Stroud, Sp. Asst. Public Defender, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Gordon R. Medlicott, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, Nick Comstock, was convicted by a jury of burglary, a class C felony, Ind. Code § 35-43-2-1 (Burns 1979 Repl.); theft, a class D felony, Ind. Code § 35-43-4-2 (Burns 1979 Repl.); and being an habitual offender, Ind. Code § 35-50-2-8 (Burns 1979 Repl.). He was sentenced to terms of five years, two years, and thirty years respectively. He now raises three issues in this direct appeal:

1. Whether the trial court...

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