BALLARD v. STATE

No. 49S00-8801-CR-24.

536 N.E.2d 280 (1989)

Robert BALLARD, Jr., Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

April 3, 1989.


Attorney(s) appearing for the Case

L. Craig Turner, Boberschmidt, Miller, O'Bryan & Turner, Indianapolis, for appellant.

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


GIVAN, Justice.

A bench trial resulted in the conviction of appellant of Battery, a Class C felony, for which he received a sentence of five (5) years, enhanced by three (3) years because of aggravating circumstances, and a further enhancement of thirty (30) years by reason of his status as an habitual offender.

The facts are: On the evening of June 15, 1986, Donna Lemaire was a patron in Fibber McGee's Tavern in Indianapolis. While she danced with appellant...

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