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HARDY v. STATE

No. 2-1280A418.

436 N.E.2d 837 (1982)

Kenneth E. HARDY, Appellant (Defendant below), v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied July 26, 1982.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, David P. Freund, M.E. Tuke, Deputy Public Defenders, Indianapolis, for appellant.

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

SULLIVAN, Judge.

Kenneth E. Hardy was convicted of theft, a Class D felony. I.C. 35-43-4-2 (Burns Code Ed. Repl. 1979). Upon appeal he argues that:

I. He was indigent and was erroneously forced to trial without assistance of counsel; II. The evidence was insufficient; III. The trial court considered erroneous statements of fact in the pre-sentence report and did not permit defendant to controvert those misstatements; and IV....

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