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BEEKS v. STATE

No. 35A04-9905-PC-236.

721 N.E.2d 339 (1999)

Phillip BEEKS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

Transfer Denied February 22, 2000.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Randy A. Elliott, Deputy Public Defender, Indianapolis, Indiana, Attorneys for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, J.T. Whitehead, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

OPINION

DARDEN, Judge

STATEMENT OF THE CASE

Phillip Beeks appeals the denial of his petition for post-conviction relief. We affirm.

ISSUE

Whether fundamental error occurred when the State used a statement in Beeks' withdrawn guilty plea agreement to impeach him at trial.

FACTS

In an unpublished memorandum decision, this court found the underlying facts as follows:

On the evening...

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