SCOTT v. STATE

No. 681S167.

426 N.E.2d 1298 (1981)

David Michael SCOTT, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

October 20, 1981.


Attorney(s) appearing for the Case

Charles F. Leonard, Deputy Public Defender, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.


HUNTER, Justice.

The defendant, David Michael Scott, was convicted by a jury of unlawful deviate conduct, a class A felony. Ind. Code § 35-42-4-2 (Burns 1979 Repl.). He was sentenced to a period of thirty years in the Indiana Department of Correction. In his direct appeal, he presents the following issues for our review:

1. Whether the trial court erred when it refused to grant his mistrial based on the prosecutor's reference to defendant's photograph...

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