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GRAY v. STATE

No. 10S01-0808-CR-476.

903 N.E.2d 940 (2009)

Tony R. GRAY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 31, 2009.

Attorney(s) appearing for the Case

Jeffrey D. Stonebraker, Chief Public Defender, Jeffersonville, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Jodi Kathryn Stein, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 10A01-0708-CR-356.

BOEHM, Justice.

Tony Gray was found guilty by a jury of robbing two fast-food restaurants while armed with a deadly weapon. We find the evidence sufficient to sustain a finding Gray was armed during the first robbery, but insufficient to sustain a finding Gray was armed during the second.

Facts and Procedural History

On the evening of February 14, 2007, Gray...

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