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EVANS v. STATE

No. 49S00-8612-CR-1029.

516 N.E.2d 36 (1987)

Terry EVANS, a/k/a Randy Spivey, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 16, 1987.

Attorney(s) appearing for the Case

Walter E. Bravard, Jr., Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-Appellant Terry Lee Evans, whose true name is Randy Spivey, and hereinafter will be referred to as "Spivey," was convicted of Robbery, a class B felony, and sentenced to a total of twenty (20) years imprisonment. In this direct appeal, Spivey raises two issues:

1. insufficient evidence to sustain his conviction; and 2. trial court error in failing to instruct the jury on the lesser included offense of Robbery, a class...

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