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DISNEY v. STATE

No. 1-682A138.

441 N.E.2d 489 (1982)

Michael DISNEY, Petitioner-Appellant, v. STATE of Indiana, Respondent-Defendant.

Court of Appeals of Indiana, First District.

October 28, 1982.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Frances Watson, Deputy Public Defender, Indianapolis, for petitioner-appellant.

Linley E. Pearson, Atty. Gen., Latriealle Wheat, Deputy Atty. Gen., Indianapolis, for respondent-defendant.

RATLIFF, Presiding Judge.

STATEMENT OF THE CASE

Michael Disney appeals from the denial of his petition for post conviction relief under Indiana Rules of Procedure, Post-Conviction Rule 1. We reverse and remand.

STATEMENT OF FACTS

Disney was charged with rape, a class A felony.1 On November 28, 1979, Disney pleaded guilty to rape, a class B felony,

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