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KIRBY v. STATE

No. 49A05-9305-CR-182.

619 N.E.2d 967 (1993)

Kevin L. KIRBY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

September 9, 1993.

Attorney(s) appearing for the Case

Aaron E. Haith, Indianapolis, for appellant-defendant.

Pamela Carter, Atty. Gen., Lisa Paunicka, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.

BARTEAU, Judge.

Kevin L. Kirby entered a plea agreement admitting his guilt to thirty-four (34) counts of child molesting. Thereafter, Craig O. Wellnitz, Master Commissioner of Marion County Superior Court, Criminal Division III, conducted a guilty plea hearing, accepted the plea agreement and sentenced Kirby. Wellnitz apparently acted as a Master Commissioner, since there is nothing in the record to indicate that he had been appointed a special judge or judge pro...

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