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POWELL v. STATE

No. 3-983A302.

463 N.E.2d 529 (1984)

Dewane F. POWELL, Petitioner-Appellant, v. STATE of Indiana, Respondent-Appellee.

Court of Appeals of Indiana, Third District.

May 23, 1984.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Hector Flores, Deputy Public Defender, Indianapolis, for petitioner-appellant.

Linley E. Pearson, Atty. Gen., Lee Cloyd, Deputy Atty. Gen., Indianapolis, for respondent-appellee.

GARRARD, Judge.

Dewane Powell was charged with burglary, a Class B felony. IC 35-43-2-1. Class B felonies carry a presumptive sentence of ten (10) years, with not more than ten (10) years to be added for aggravating circumstances or more than four (4) years subtracted for mitigating circumstances. IC 35-50-2-5.

At some time, apparently about two weeks, before trial the state offered to recommend an eight year sentence...

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