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DAVENPORT v. STATE

No. 49S00-8710-CR-969.

536 N.E.2d 263 (1989)

Donald Eugene DAVENPORT, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied June 12, 1989.

Attorney(s) appearing for the Case

Kenneth T. Roberts, Roberts & Bishop, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Amy Schaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Conspiracy to Commit Robbery, a Class C felony. He also was found to be an habitual offender, for which his five (5) year robbery sentence was enhanced by thirty (30) years for an executed sentence of thirty-five (35) years.

The facts are: On the evening of August 29, 1986, Steve Molden was at home in his second floor apartment two houses down...

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