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SMITH v. STATE

No. 79A02-8712-PC-513.

559 N.E.2d 338 (1990)

Richard Dean SMITH, Appellant (Petitioner below), v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied October 18, 1990.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Hope Fey, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Mary Dreyer, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee.

SULLIVAN, Judge.

Richard Dean Smith (Smith) appeals the denial of his Petition for Post-Conviction Relief.

We affirm.

Smith presents the following issues for our review, which we restate:

I. Whether Smith was denied the effective assistance of trial and appellate counsel; II. Whether the post-conviction court erred by failing to vacate the jury's habitual offender finding on the basis of insufficient evidence to support the determination...

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