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McROY v. STATE

No. 82A01-0301-CR-6.

798 N.E.2d 521 (2003)

Donald Leo McROY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

November 13, 2003.

Attorney(s) appearing for the Case

Matthew Jon McGovern, Evansville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Andrew A. Kobe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION ON REHEARING

BAILEY, Judge.

We grant rehearing in this case solely to clarify our opinion in light of the arguments made by Appellee State of Indiana in support of its petition for rehearing. In all other respects, we reaffirm our original opinion.

In our opinion, we determined that the trial court had no authority to conduct an indigency hearing more than seven months after McRoy served his maximum imprisonment of one year, and vacated that...

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