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BURNETT v. STATE

No. 1-880A221.

419 N.E.2d 172 (1981)

Dennis BURNETT, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied June 4, 1981.

Attorney(s) appearing for the Case

Robert L. Bartelt, Jr., Berger, Berger & Bartelt, Evansville, for defendant-appellant.

Linley E. Pearson, Atty. Gen., Frank A. Baldwin, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

NEAL, Presiding Judge.

STATEMENT OF THE CASE

Defendant-appellant Dennis W. Burnett (Burnett) was convicted of Battery, a Class C felony, Ind. Code 35-42-2-1(3) (Supp. 1979), following a trial to a jury. The Battery charge was denominated Count II of the charging information. Burnett was acquitted of the offense of Rape, which was charged in Count I. He was sentenced to a term of eight years, and he appeals.

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