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BERRY v. STATE

No. 49S00-9707-CR-411.

703 N.E.2d 154 (1998)

Tony BERRY, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

December 17, 1998.

Attorney(s) appearing for the Case

M.E. Tuke, Indianapolis, for Appellant.

Jeffrey A. Modisett, Attorney General, Randi E. Froug, Deputy Attorney General, Indianapolis, for Appellee.

SHEPARD, Chief Justice.

A jury convicted appellant Tony Berry of murder, Ind.Code Ann. § 35-42-1-1 (West 1998),1 and class A arson, Ind.Code Ann. § 35-43-1-1 (West 1998), in the death of Kenneth Davis. The trial court sentenced Berry to sixty years for murder and twenty-five years for arson. After entering judgment on both crimes, the trial court "merged" Berry's convictions. In this...

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