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JOHNSON v. STATE

No. 71A04-8809-CR-303.

544 N.E.2d 164 (1989)

Barry Dale JOHNSON, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Fourth District.

Transfer Denied August 29, 1989.

Attorney(s) appearing for the Case

Anthony V. Luber, South Bend, for appellant.

Linley E. Pearson, Atty. Gen., Gary Damon Secrest, Deputy Atty. Gen., Indianapolis, for appellee.

MILLER, Judge.

Barry Dale Johnson appeals his convictions, received after a jury trial, of battery, criminal confinement, and intimidation. Johnson's trial was bifurcated in order that Johnson's earlier battery conviction committed against the same person as the victim in the present case. Florence Stokes, could be proven in the second phase of the trial in order to enhance the present battery conviction from a class A misdemeanor to a class D felony. We reverse Johnson...

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