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COUNCELLER v. STATE

No. 383S97.

466 N.E.2d 456 (1984)

Michael COUNCELLER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied October 5, 1984.

Attorney(s) appearing for the Case

George J. Lewis, Ronald R. Pritzke, Lineback & Lewis, P.C., Greenfield, for appellant.

Linley E. Pearson, Atty. Gen. of Ind., Jay Rodia, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

Defendant, Michael Counceller, was convicted by a jury of burglary, a Class C felony, Ind. Code § 35-43-2-1 (Burns 1984 Supp.), and of theft, a Class D felony, Ind. Code § 35-43-4-2 (Burns 1984 Supp.), and was found to be a habitual offender, Ind. Code § 35-50-2-8 (Burns 1984 Supp.). Defendant received a total sentence of thirty-eight years. The following five issues are raised in this direct...

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