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DURBIN v. STATE

No. 45A03-8902-CR-60.

547 N.E.2d 1096 (1989)

Keith A. DURBIN, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

December 18, 1989.

Attorney(s) appearing for the Case

Stephen Bower, Cohen and Thiros, Merrillville, for appellant.

Linley E. Pearson, Atty. Gen., Danielle Sheff, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge.

A Lake Superior Court jury convicted Keith A. Durbin of criminal deviate conduct, a class B felony. West's AIC 35-42-4-2. He was sentenced to eight years imprisonment. Durbin raises four issues on appeal, which we consolidate and restate as:

1. Whether the evidence is sufficient to support the verdict? 2. Whether the trial court erred in refusing to instruct the jury on battery as a lesser-included offense? 3. Whether the...

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