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POORE v. STATE

No. 29S05-9708-PC-470.

685 N.E.2d 36 (1997)

Floyd P. POORE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

August 29, 1997.

Attorney(s) appearing for the Case

Gregory L. Caldwell, Noblesville, for Appellant.

Pamela Carter, Attorney General, Meredith J. Mann, Deputy Attorney General, Indianapolis, for Appellee.

ON PETITION TO TRANSFER

BOEHM, Justice.

This case presents the narrow question whether the time limits prescribed by Indiana Rule of Criminal Procedure 4(B) apply to a retrial of a habitual offender finding. Because we hold that the time limits are applicable, we grant transfer, vacate the habitual offender finding and accompanying sentence enhancement, and reverse for further proceedings consistent with this opinion...

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