ZOLLATZ v. STATE

No. 979S260.

412 N.E.2d 1200 (1980)

Richard E. ZOLLATZ, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 4, 1980.


Attorney(s) appearing for the Case

John F. Surbeck, Jr., Deputy Public Defender, Fort Wayne, for appellant.

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


DeBRULER, Justice.

Appellant, Richard E. Zollatz, was convicted by a jury in Allen Circuit Court in March, 1979, of rape, Ind. Code § 35-42-4-1(a), and criminal deviate conduct, Ind. Code § 35-42-4-2(a), both class A felonies. He was sentenced to thirty years in prison on each count, the terms to run concurrently.

In this direct appeal, Zollatz challenges the sufficiency of the evidence on the element of identification and on the element of the use...

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