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BAKER v. STATE

No. 66S04-0005-CR-345.

750 N.E.2d 781 (2001)

Louis J. BAKER, Appellant (Defendant Below), v. STATE of Indiana, Appellee (Plaintiff Below).

Supreme Court of Indiana.

July 17, 2001.

Attorney(s) appearing for the Case

Kevin C. Tankersley, Winamac, IN, Attorney for Appellant.

Jeffrey A. Modisett, Attorney General of Indiana, Janet Brown Mallett, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

SHEPARD, Chief Justice.

Appellant Louis J. Baker was found guilty of five crimes related to the sexual assault of Tammy McCann inside her mobile home in Winamac. On direct appeal, the Court of Appeals affirmed his convictions for rape, residential entry, battery, and being an habitual offender. It held his conviction for sexual battery merged. Baker v. State, 66A04-9812-CR-585, slip op. at 3, 10, 723 N.E.2d 485 (Ind.Ct.App. 2000).

With regard to his...

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