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McMILLIAN v. STATE

No. 382S127.

450 N.E.2d 996 (1983)

Hubert McMillian, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

July 7, 1983.

Attorney(s) appearing for the Case

M. Anne Wilcox, Ralph Ogden, J. William DuMond, Wilcox, Ogden & DuMond, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Cynthia Sue Stanley, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, Hubert McMillian, was charged with burglary, a Class C felony, Ind. Code § 35-43-2-1 (Burns 1979 Repl.) and with being an habitual offender, Ind. Code § 35-50-2-8 (Burns 1979 Repl.). At his original trial, the jury found him guilty on the burglary charge but could not reach a verdict on the habitual offender count. He was sentenced to a term of imprisonment of five years on the burglary conviction. The state moved for a new...

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