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BEAVERS v. STATE

No. 3-782A176.

444 N.E.2d 344 (1983)

Rocky Dean BEAVERS, Petitioner-Appellant, v. STATE of Indiana, Respondent-Appellee.

Court of Appeals of Indiana, Third District.

January 27, 1983.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Ihor N. Boyko, Deputy Public Defender, Indianapolis, for petitioner-appellant.

Linley E. Pearson, Atty. Gen., Kathleen Ransom Radford, Deputy Atty. Gen., Indianapolis, for respondent-appellee.

GARRARD, Judge.

This is an appeal from the denial of Beavers' petition for post conviction relief in which he sought to set aside his prior guilty plea to a charge of theft on an information originally charging first degree burglary.

Beavers contends his guilty plea was not knowingly, intelligently and voluntarily entered because the court did not advise him of the requirement of proof beyond a reasonable doubt before accepting his plea. He relies upon

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