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LOVELL v. STATE

No. 283S70.

474 N.E.2d 505 (1985)

Rick LOVELL, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

February 22, 1985.

Attorney(s) appearing for the Case

Mark S. Fraundorfer, Public Defender, Anderson, for appellant.

Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.

PRENTICE, Justice.

Following a trial by jury, Defendant (Appellant) was convicted of battery, a class C felony, Ind. Code § 35-42-2-1 (Burns Supp. 1984) and attempted murder, a class A felony, Ind. Code §§ 35-41-5-1 and 35-42-1-1(1) (Burns 1979). The trial court found that battery was a lesser included offense of attempted murder and sentenced the Defendant to thirty (30) years imprisonment upon the attempted murder conviction. The only issue presented...

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