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BROSHEARS v. STATE

No. 87A01-9203-CR-58.

609 N.E.2d 1 (1993)

Kenneth BROSHEARS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

Concurring Opinion Filed February 15, 1993.

Withdrawn and Substituted March 4, 1993.

Attorney(s) appearing for the Case

J. William Bruner, Boonville, for appellant-defendant.

Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.

BAKER, Judge.

ON PETITION FOR CLARIFICATION AND REHEARING

In Broshears v. State (1992), Ind. App., 604 N.E.2d 639, we held that in certain habitual offender proceedings — like Broshears's — where it is possible the defendant would be subject to sentence enhancement under either the big1 or little2 habitual offender statute, depending upon which...

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