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CAPE v. STATE

No. 379S77.

400 N.E.2d 161 (1980)

Daniel CAPE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

February 20, 1980.

Attorney(s) appearing for the Case

John R. Politan, Indianapolis, for appellant.

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

HUNTER, Justice.

The defendant, Daniel Cape, was convicted by a jury of burglary, a class A felony, Ind. Code § 35-43-2-1 (Burns 1979); robbery, a class A felony, Ind. Code § 35-42-5-1 (Burns 1979); and rape, a class A felony, Ind. Code § 35-42-4-1 (Burns 1979). He was sentenced to a determinate term of imprisonment of thirty years on each count and raises several issues on appeal. However, due to our disposition of this case on defendant's first allegation...

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