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TRACY v. STATE

No. 15A04-0409-CR-498.

840 N.E.2d 360 (2006)

Thomas TRACY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

January 10, 2006.

Attorney(s) appearing for the Case

Leanna Weissman, Lawrenceburg, for Appellant.

Steve Carter, Attorney General of Indiana, Richard C. Webster, Deputy Attorney General, Indianapolis, for Appellee.

OPINION ON REHEARING

VAIDIK, Judge.

We grant rehearing in this case for the limited purpose of clarifying our original opinion in light of the Indiana Supreme Court's recent opinion in Kincaid v. State, 837 N.E.2d 1008 (Ind.2005). In all other respects, we affirm our original opinion.

On November 16, 2005, we issued our opinion in this case in which we held that Tracy forfeited his claim that his sentence...

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