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SPIVEY v. STATE

No. 41S00-0002-CR-76.

761 N.E.2d 831 (2002)

J.L. SPIVEY, Jr., Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Supreme Court of Indiana.

January 29, 2002.

Attorney(s) appearing for the Case

John P. Wilson, Greenwood, IN, Attorney for Appellant.

Karen Freeman-Wilson, Attorney General of Indiana, Arthur Thaddeus Perry, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

DICKSON, Justice.

A jury found the defendant, J.L. Spivey, guilty of murder (felony murder),1 burglary as a class A felony,2 and conspiracy to commit burglary3 in connection with the death of John Hughes in Greenwood, Indiana, in June of 1997. Finding that Count II, charging burglary "must be merged" into Count I, charging felony murder...

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