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TUCKER v. STATE

No. 84A05-9106-PC-203.

581 N.E.2d 455 (1991)

Dennis TUCKER, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana, First District.

November 21, 1991.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana and Anne-Marie Alward, Deputy Public Defender, Indianapolis, for appellant-petitioner.

Linley E. Pearson, Atty. Gen. of Indiana and Michael Gene Worden, Deputy Atty. Gen. Office of Atty. Gen., Indianapolis, for appellee-respondent.

ROBERTSON, Judge.

Dennis Tucker appeals the denial of his petition for post-conviction relief. He first asserts the trial court erred by denying his motion for a change of judge. We agree and therefore, reverse.

FACTS

The undisputed facts indicate that Tucker filed his pro se motion for post-conviction relief on November 14, 1990. Simultaneously with this petition, Tucker filed a verified motion for change of judge which reads in pertinent part as...

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