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DRIVER v. STATE

No. 982S366.

467 N.E.2d 1186 (1984)

Ted DRIVER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 11, 1984.

Attorney(s) appearing for the Case

Merrill W. Otterman, Howard County Deputy Public Defender, Kokomo, for appellant.

Linley E. Pearson, Atty. Gen., Theodore E. Hansen, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Following a trial by jury, Defendant (Appellant) was convicted of Theft, a class D felony, Ind. Code § 35-43-4-2 (Burns Supp. 1984) and was found to be an habitual offender, Ind. Code § 35-50-2-8 (Burns Supp. 1983). He was sentenced to four (4) years imprisonment upon the Theft count and to thirty (30) years imprisonment upon the habitual offender count. His direct appeal presents three (3) issues for our review:

(1) Whether the...

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