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TURNLEY v. STATE

No. 49S00-9812-CR-757.

725 N.E.2d 87 (2000)

Frank TURNLEY, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

March 21, 2000.

Attorney(s) appearing for the Case

Jan B. Berg, Indianapolis, Indiana, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Arthur Thaddeus Perry, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Appellee.

BOEHM, Justice.

Frank Turnley was convicted of murder, felony murder, conspiracy to commit murder, two counts of conspiracy to commit burglary, two counts of burglary, and criminal deviate conduct. He was sentenced to an aggregate term of 145 years imprisonment. In this direct appeal he contends: (1) the trial court committed fundamental error by giving the reasonable doubt instruction recommended by a majority of this Court in Winegeart v. State,

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