STEWART v. STATE

No. 185S25.

506 N.E.2d 38 (1987)

Freemon STEWART, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

April 16, 1987.


Attorney(s) appearing for the Case

Diane McNeal, Crown Point, for appellant.

Linley E. Pearson, Atty. Gen., Lisa M. Paunicka, Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Justice.

A jury trial resulted in a conviction of Burglary, a Class A felony, and Rape, a Class B felony. Appellant was also found to be an habitual criminal. He was sentenced to twenty-five (25) years for burglary and fifteen (15) years for rape. The burglary sentence was enhanced by thirty (30) years on the finding of being an habitual criminal.

The facts are: On the evening of July 7, 1982, at approximately 8:00 p.m., the victim was asleep on the...

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