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PAYNE v. STATE

No. 48A02-8612-CR-421.

515 N.E.2d 1141 (1987)

Billy G. PAYNE, Appellant (Defendant below), v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

December 2, 1987.

Attorney(s) appearing for the Case

Douglas R. Long, Anderson, for appellant.

Linley E. Pearson, Atty. Gen., Jay Rodia, Deputy Atty. Gen., Indianapolis, for appellee.

SULLIVAN, Judge.

Billy G. Payne pleaded guilty to two counts of battery. The trial court sentenced him to five years, suspended. Shortly afterward, the trial court revoked his probation for violations of the terms set forth at the time of sentencing. He now appeals the revocation of his probation.

We reverse.

On December 3, 1984, the Madison County prosecutor filed three battery charges against Payne. One of the victims was his wife, Linda. On January...

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