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FENTRESS v. STATE

No. 1-885 A 209.

488 N.E.2d 1158 (1986)

Rickey FENTRESS and Jeff Strohmeyer, Appellants (Petitioners below), v. STATE of Indiana, Appellee (Respondent below).

Court of Appeals of Indiana, First District.

February 13, 1986.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Teresa D. Harper, Deputy Public Defender, Indianapolis, for appellants.

Linley E. Pearson, Atty. Gen., Cheryl L. Greiner, Deputy Atty. Gen., Indianapolis, for appellee.

ROBERTSON, Presiding Judge.

The sole issue of this interlocutory appeal is whether the trial court erred by denying the petitioner-appellants' motions to withdraw their motions for post-conviction relief without prejudice.

The procedural facts are that both petitioners had filed pro se petitions for post-conviction relief. Subsequently, counsel for the petitioners filed a motion to withdraw the petitions without prejudice. In the one instance (Strohmeyer)...

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