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CUNNINGHAM v. STATE

No. 1-1181A335.

438 N.E.2d 308 (1982)

Robert G. CUNNINGHAM, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Transfer Denied October 1, 1982.

Attorney(s) appearing for the Case

James E. Davis, Davis & Davis, Greenfield, for defendant-appellant.

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

NEAL, Judge.

ON PETITION FOR REHEARING

Both the State and Cunningham file motions for rehearing. On March 29, 1982, we reversed this cause on the basis of the inadequacy of the personal waiver of the jury trial by Cunningham, which case is reported at 433 N.E.2d 405. In that opinion, because of the reversal, we did not rule on Issue 3, that the evidence was insufficient to prove a prior conviction of driving under the...

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