EMERY v. STATE

No. 76S04-9910-CR-509.

717 N.E.2d 111 (1999)

Leonard EMERY, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Supreme Court of Indiana.

October 1, 1999.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, David P. Freund, Deputy Public Defender, Indianapolis, Indiana, Attorneys for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Priscilla J. Fossum, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.


ON PETITION TO TRANSFER

DICKSON, J.

The defendant was convicted of attempted rape while armed with a deadly weapon1 and sexual battery while armed with a deadly weapon.2 The Court of Appeals affirmed. Emery v. State, 696 N.E.2d 872 (Ind.Ct.App.1998). On transfer, he contends that his convictions violate the statutory provision prohibiting a judgment and sentence...

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