SAMANIEGO v. STATE

No. 01S00-8812-CR-1009.

553 N.E.2d 120 (1990)

Albert Dean SAMANIEGO a/k/a Horse Dean Albert Samaniego, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied July 12, 1990.


Attorney(s) appearing for the Case

John R. Wilks, Wilks and Kimbrough, Fort Wayne, for appellant.

Linley E. Pearson, Atty. Gen., and Danielle Sheff, Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Burglary, a Class A felony, for which he received a sentence of fifty (50) years enhanced by eight (8) years by reason of his status as a habitual offender and Attempted Deviate Conduct, for which appellant received a fifty (50) year sentence, the sentences to run consecutively.

The facts are: In June of 1987, the victim and her 2-year-old daughter returned home at approximately 9:00 p...

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