FRANCIS v. STATE

No. 49S00-8708-CR-786.

544 N.E.2d 1385 (1989)

David E. FRANCIS, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Transfer Denied December 14, 1989.


Attorney(s) appearing for the Case

Carl A. Salzmann, Bloomington, for appellant.

Linley E. Pearson, Atty. Gen. and John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.


DeBRULER, Justice.

Appellant Francis was tried to a jury and found guilty of incest, a Class D felony. I.C. 35-46-1-3(a). He was given a two-year sentence, which was enhanced by thirty years pursuant to a finding that he is a habitual offender. I.C. 35-50-2-8. Francis appeals his conviction and asserts as one of five bases of error that the trial court erred in denying his motion to correct errors in the face of exculpatory evidence discovered subsequent to his conviction...

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