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SUNDAY v. STATE

No. 34S00-9902-CR-123.

720 N.E.2d 716 (1999)

Jason M. SUNDAY, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

December 14, 1999.

Attorney(s) appearing for the Case

William C. Menges, Jr., Kokomo, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Teresa Dashiell Giller, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

BOEHM, Justice.

Jason M. Sunday pleaded guilty to several charges including rape as a Class A felony. He was sentenced to an aggregate term of 113 years, including fifty-five years for rape. His sole claim of error in this appeal is that the trial court erred in adding five years to his rape sentence based on his use of a firearm in the commission of the offense. Because the State did not follow the statutory charging procedure necessary to enhance the rape count...

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