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NATION v. STATE

No. 2-281A36.

438 N.E.2d 1003 (1982)

Earl NATION, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

August 2, 1982.

Attorney(s) appearing for the Case

Robert W. Hammerle, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Aimee L. Kolze, Deputy Atty. Gen., Indianapolis, for appellee.

ON PETITION FOR REHEARING

SHIELDS, Judge.

In response to the state's petition for rehearing, we re-examine our opinion appearing at 426 N.E.2d 436, Ind. App. At 426 N.E.2d 437 we state:

"[T]he waiver of the right to the assistance of counsel must be shown to have been voluntarily, knowingly, and intelligently made. Johnson v. Zerbst, (1938) 304 U.S. 458, 58 S.Ct. 1019, 82...

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