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SWALLOWS v. STATE

No. 03A01-9604-PC-127.

671 N.E.2d 459 (1996)

Mitchell SWALLOWS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Granted December 4, 1996.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Linda G. Nicholson, Deputy Public Defender, Indianapolis, for Appellant-Defendant.

Pamela Carter, Attorney General, Priscilla J. Fossum, Deputy Attorney General, Indianapolis, for Appellee-Plaintiff.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Mitchell Swallows appeals from the post-conviction court's denial of his petition for post-conviction relief.

We affirm in part, reverse in part and remand.

ISSUES

Swallows presents several issues for our review which we consolidate and restate as:

1. Whether the trial court committed fundamental error when it instructed...

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