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PAYNE v. STATE

No. 10S01-9711-CR-618.

688 N.E.2d 164 (1997)

Kenneth Wayne PAYNE, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

November 18, 1997.

Attorney(s) appearing for the Case

Dawn R. Elston, Jeffersonville, for Appellant.

Pamela Carter, Attorney General, James D. Dimitri, Deputy Attorney General, Indianapolis, for Appellee.

ON PETITIONER TO TRANSFER

SULLIVAN, Justice.

Defendant contends that the trial court violated the limitations on consecutive sentences imposed by a statute enacted in 1994. We agree with defendant and reverse the trial court.

Background

Around 2:00 a.m. on March 20, 1994, defendant, armed with a rifle, entered a Burger King restaurant in Jeffersonville, Indiana. He demanded that the manager open the safe and, after retrieving the...

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