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SMITH v. STATE

No. 1285S522.

531 N.E.2d 1162 (1988)

Richard Allen SMITH, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 20, 1988.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, M.E. Tuke, Deputy Public Defender, Indianapolis, for appellant.

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

SHEPARD, Chief Justice.

Richard Allen Smith tried to return a razor at Danner's. The store would not take it because he did not have a receipt. As a result, he is serving 32 years in prison.

Smith was convicted of attempted theft, a class D felony. Ind. Code §§ 35-43-4-2(a), 35-41-5-1 (Burns 1985 Repl.). The trial court sentenced Smith to two years for the conviction, and enhanced the sentence by 30 years because Smith was a habitual offender. Ind...

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