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STATE v. MILLER

No. 49A05-0201-PC-40.

771 N.E.2d 1284 (2002)

STATE of Indiana, Appellant-Respondent, v. Keith MILLER, Appellee-Petitioner.

Court of Appeals of Indiana.

July 30, 2002.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Don A. Tabbert, Chad T. Walker, Tabbert Hahn Ernest & Weddle, LLP, Indianapolis, IN, Attorneys for Appellee.

OPINION

FRIEDLANDER, Judge.

The State of Indiana appeals the granting of a petition for post-conviction relief filed by Keith Miller, challenging the correctness of that ruling as the sole issue upon appeal.

We reverse.

The facts underlying the conviction were set out as follows by this court in Miller's direct appeal:

In 1983 Miller and Bernie Custer operated a business called Hospitality...

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