BURGANS v. STATE

No. 02S00-8603-CR-245.

500 N.E.2d 183 (1986)

Johnny Lee BURGANS, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

November 24, 1986.


Attorney(s) appearing for the Case

John F. Surbeck, Jr., Robert Owen Vegeler, Deputy Public Defenders, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Chief Justice.

A jury trial resulted in a conviction of Murder and Felony Murder. The convictions were merged for sentencing purposes. In a subsequent hearing, the jury recommended that the death penalty not be imposed. Appellant was sentenced to a term of forty (40) years with an additional twenty (20) years for aggravating circumstances.

The facts are: In the late afternoon of February 5, 1985, appellant, accompanied by Phillip Lawless, walked to...

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