PERRY v. STATE

No. 382S119.

447 N.E.2d 599 (1983)

Elbert PERRY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

April 22, 1983.


Attorney(s) appearing for the Case

Michael L. Rogers, North Vernon, for appellant.

Linley E. Pearson, Atty. Gen., James W. Turpen, Deputy Atty. Gen., Indianapolis, for appellee.


PRENTICE, Justice.

Defendant (Appellant) pled guilty to Voluntary Manslaughter, Ind. Code § 35-42-1-3 (Burns 1979) and was fined five thousand dollars ($5,000.00) and sentenced to twenty (20) years imprisonment. On appeal, he presents only one issue: whether the trial court abused its discretion in enhancing the presumptive sentence by ten years.

Before proceeding to Defendant's contentions, we note the standard of review, Ind. R.App.Rev.Sen. 2:

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