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ELMORE v. STATE

No. 45A03-9605-PC-165.

688 N.E.2d 213 (1997)

Leroy W. ELMORE, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

November 24, 1997.

Attorney(s) appearing for the Case

Mark C. Webb, Symmes Voyles Zahn Paul & Hogan, Indianapolis, for Appellant-Petitioner.

Jeffrey A. Modisett, Attorney General, Christopher L. Lafuse, Deputy Attorney General, Indianapolis, for Appellee-Respondent.

OPINION

HOFFMAN, Judge.

Appellant-petitioner Leroy Elmore appeals from the denial of his petition for postconviction relief. Elmore was convicted of theft, a Class D felony, and was found to be a habitual offender. The facts, as found by our supreme court in Elmore v. State, 515 N.E.2d 1388 (Ind.1987), are as follows:

On December 17, 1985, a 1985 Century...

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