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MARTINEZ CHAVEZ v. STATE

No. 1085 S 426.

539 N.E.2d 4 (1989)

Eladio MARTINEZ CHAVEZ, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 30, 1989.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, M.E. Tuke, Hector L. Flores, Deputy Public Defenders, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for appellee.

ON PETITION FOR REHEARING

SHEPARD, Chief Justice.

In hearing Martinez Chavez' direct appeal, this Court affirmed his conviction and set aside the penalty of death, remanding for imposition of a sentence of imprisonment. Martinez Chavez v. State (1989), Ind., 534 N.E.2d 731.

The State has petitioned for rehearing, urging adoption of a different standard for those instances in which the jury has recommended...

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