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SMITH v. STATE

No. 4-783A194.

471 N.E.2d 1245 (1984)

Pecola A. SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied February 21, 1985.

Attorney(s) appearing for the Case

Richard J. Thonert, Romero & Thonert, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., Richard C. Webster, Deputy Atty. Gen., Indianapolis, for appellee.

YOUNG, Judge.

Appellant-defendant Pecola Smith was convicted of battery, a Class A misdemeanor. We have restated her issues on appeal as follows:

1. Was the evidence sufficient to support conviction? 2. Did the trial court err in setting restitution without receiving evidence of actual loss sustained, determining Smith's ability to pay, or fixing the manner of payment?

Smith first argues that the evidence was insufficient to support her...

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