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FOUST v. STATE

No. 381S72.

428 N.E.2d 776 (1981)

Kerry Dale FOUST, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 4, 1981.

Attorney(s) appearing for the Case

Bruce W. Graham, Public Defender, Tippecanoe County, Lafayette, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Appellant Foust was convicted in Tippecanoe Superior Court No. 2 after a trial by jury for the crimes of Burglary, I.C. 35-43-2-1 and Theft, I.C. 35-43-4-2, and was found to be an habitual criminal. He was sentenced to five years on Count I, Burglary, and to two years on Count II, Theft, said sentences to run concurrently. Appellant was also sentenced to thirty years on Count III, Habitual Criminality, and this sentence was to run consecutively...

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