OLINGER v. STATE

No. 985S366.

494 N.E.2d 310 (1986)

William F. OLINGER, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 26, 1986.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Hope Fey, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Theodore E. Hansen, Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Chief Justice.

This is an appeal from the overruling of appellant's Motion to Set Aside Habitual Offender Enhancement after one of the two underlying offenses supporting the enhancement was vacated in the court of conviction. On May 19, 1982, appellant was found guilty of Burglary, a Class C felony, and found to be an habitual criminal. A sentence of thirty-seven (37) years imprisonment resulted.

In 1983 appellant successfully prosecuted a post-conviction...

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