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MAGERS v. STATE

No. 71S00-9306-CR-633.

621 N.E.2d 323 (1993)

Kerry Thomas MAGERS, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

September 28, 1993.

Attorney(s) appearing for the Case

Philip R. Skodinski, South Bend, for appellant.

Pamela Carter, Atty. Gen., Deana McIntire Smith, Deputy Atty. Gen., for appellee.

GIVAN, Justice.

Appellant entered a plea of guilty to Murder. He received a sentence of fifty-five (55) years. In this appeal, he challenges the trial court's sentence claiming the court failed to acknowledge and overlooked mitigating circumstances supported by the record.

The facts are: On August 27, 1992, appellant and Sean Porter called a taxi cab for themselves and two girls. After the girls left the cab, the men ordered the

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