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SAPERITO v. STATE

No. 1083S360.

490 N.E.2d 274 (1986)

Anthony SAPERITO, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 25, 1986.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, June D. Oldham, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Richard C. Webster, Deputy Atty. Gen., Indianapolis, for appellee.

SHEPARD, Justice.

Appellant Anthony Saperito was convicted after trial by jury of battery, a class C felony, Ind. Code § 35-42-2-1 (Burns 1985 Repl.). He was sentenced to 2 years imprisonment and his sentence was enhanced by 30 years upon a determination that he was an habitual offender. He raises the following issues in this direct appeal:

1. Whether he should have been discharged pursuant to Criminal Rule 4(B), the speedy trial rule; 2. Whether...

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