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PRESTON v. STATE

No. 85A02-9111-CR-496.

591 N.E.2d 597 (1992)

Roger PRESTON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

May 11, 1992.

Attorney(s) appearing for the Case

Elden E. Stoops, Jr., Daggett, Schlitt & Stoops, North Manchester, for appellant-defendant.

Linley E. Pearson, Atty. Gen., Sue A. Bradley, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.

ON PETITION FOR REHEARING

BAKER, Judge.

We grant Preston's petition for rehearing in our earlier opinion Preston v. State (1992), Ind. App., 588 N.E.2d 1273. Specifically, we address Preston's argument that this court erred when we affirmed the revocation of his probation under IND. CODE 35-38-2-3(a)(2).

As enacted by P.L. 67-1990, and effective July 1, 1990, IND. CODE 35-38-2-3(a)(2) provided that a trial...

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