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LANE v. STATE

No. 71A03-8912-CR-530.

551 N.E.2d 897 (1990)

Robert L. LANE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

March 27, 1990.

Attorney(s) appearing for the Case

Stephen G. Drendall, South Bend, for appellant.

Linley E. Pearson, Atty.Gen., Jane A. Morrison, Deputy Atty. Gen., Indianapolis, for appellee.

STATON, Judge.

Robert L. Lane appeals the enhanced sentence he received for his guilty plea to Theft, a Class D felony, claiming that the court erred by considering his CHINS status as an aggravating factor and claiming that the enhanced sentence he received was erroneous.

Reversed.

On January 30, 1989, Lane was apprehended for stealing a cigarette lighter from a residence. The burglary charge was dropped, but the state pursued the charge of theft...

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