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MATHENY v. STATE

No. 49A04-1207-CR-347.

987 N.E.2d 1169 (2013)

Joseph MATHENY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 13, 2013.

Attorney(s) appearing for the Case

Patricia Caress McMath , Marion County Public Defender Agency, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Eric P. Babbs , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION ON REHEARING

CRONE, Judge.

The State petitions for rehearing in Matheny v. State, 983 N.E.2d 672 (Ind.Ct. App.2013), in which we affirmed Matheny's conviction for class D felony auto theft. In so doing, we concluded that although the trial court erred in refusing Matheny's tendered jury instruction regarding the jury's duty to conform the evidence to the presumption that the defendant is innocent, that error...

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