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CONWELL v. STATE

No. 18A02-8903-CR-95.

542 N.E.2d 1024 (1989)

Billy Joe CONWELL, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

August 28, 1989.

Attorney(s) appearing for the Case

Kelly N. Bryan, Muncie, for appellant.

Linley E. Pearson, Atty. Gen., Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellee.

SHIELDS, Presiding Judge.

Billy Joe Conwell appeals an eight year sentence for his conviction of burglary, a class C felony.1

We vacate his sentence and remand for resentencing.

Conwell broke and entered the home of Danny and Rebecca Oates in Delaware County on June 14, 1988. He was charged with burglary as a class B felony; pursuant to a plea agreement he pled guilty to burglary as a class C felony.2...

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