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WARTHAN v. STATE

No. 981S249.

443 N.E.2d 1191 (1983)

Rick J. WARTHAN, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied April 21, 1983.

Attorney(s) appearing for the Case

James H. Voyles, Ober, Symmes, Cardwell, Voyles & Zahn, J.J. Paul, III, Indianapolis, for appellant.

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

PRENTICE, Justice.

This cause is before us upon the trial court's statement of reasons for having enhanced the basic or presumptive sentence of ten (10) years, filed in response to our remand of October 14, 1982, 440 N.E.2d 657, together with a Petition for Amended Remand filed herein by the defendant (appellant) on November 4, 1982.

The trial court's findings enumerate five conclusions which, if supported by the facts,...

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