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PAYNE v. STATE

No. 484S118.

484 N.E.2d 16 (1985)

James W. PAYNE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

October 25, 1985.

Attorney(s) appearing for the Case

Stephen C. Haas, Evansville, for appellant.

Linley E. Pearson, Atty. Gen., William E. Daily, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Following a jury trial, Defendant (Appellant) was convicted of one count of robbery, a class C felony, Ind. Code § 35-42-5-1 (Burns 1983 Cum.Supp.), and one count of robbery resulting in bodily injury, a class A felony, Ind. Code § 35-42-5-1 (Burns 1983 Cum.Supp.), and was sentenced to concurrent terms of five (5) years and thirty (30) years imprisonment respectively. Although Defendant's brief initially

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