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SMITH v. STATE

No. 583S168.

477 N.E.2d 857 (1985)

Richard Dean SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 14, 1985.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, C.H. Gardner, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.

HUNTER, Justice.

The defendant, Richard Dean Smith, was convicted by a jury of burglary of a dwelling, a Class B felony, Ind. Code § 35-43-2-1 (Burns 1984 Supp.), and attempted theft, a Class D felony, Ind. Code § 35-43-4-2 (Burns 1984 Supp.), and Ind. Code § 35-41-5-1 (Burns 1979 Repl.), and he was also found to be a habitual offender. Defendant was sentenced to the Indiana Department of Correction for a...

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