GARNER v. STATE

No. 49A02-8810-PC-383.

550 N.E.2d 1309 (1990)

Merle GARNER, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

February 28, 1990.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, John Pinnow, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee.


SHIELDS, Presiding Judge.

Merle Garner appeals the denial of his amended petition for post-conviction relief.

We reverse.

ISSUE

Garner presents several issues for our review, one of which is dispositive: Whether error occurred when Garner was found guilty and sentenced for robbery as a class A felony where the amended information charged him with robbery as a class B felony and where, in addition, the record is devoid of evidence of serious...

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