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GARCIA v. STATE

No. 1283S429.

463 N.E.2d 1099 (1984)

Pete Mundo GARCIA, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 7, 1984.

Attorney(s) appearing for the Case

Itsia D. Rivera, Rivera, Schlesinger & de la Torre, East Chicago, for appellant.

Linley E. Pearson, Atty. Gen. of Indiana, Cheryl L. Greiner, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

Appellant was convicted of Burglary, a Class B felony, and Rape, also a Class B felony. Appellant waived his right to trial by a jury and was tried by the court. The court sentenced appellant to twelve (12) years on each count. The sentences to run concurrently.

The facts are these: On May 29, 1982, appellant attended a birthday party at the Calumet Social Club on Calumet Avenue in Hammond. At this party he consumed approximately twelve...

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