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PAYNE v. STATE

No. 49A05-0202-CR-108.

777 N.E.2d 63 (2002)

Luke PAYNE, Appellant-Defendant/Cross-Appellee, v. STATE of Indiana, Appellee-Plaintiff/Cross-Appellant.

Court of Appeals of Indiana.

October 24, 2002.

Attorney(s) appearing for the Case

A. Frank Gleaves, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Christopher L. Lafuse, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BROOK, Chief Judge.

Case Summary

Appellant-defendant/cross-appellee Luke Payne ("Payne") appeals his convictions for two counts of Class B felony burglary of a dwelling.1 Appellee-plaintiff/cross-appellant State of Indiana appeals the trial court's merger of Payne's convictions for theft and burglary. We affirm in part, reverse in part, and remand for resentencing.

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