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NUNLEY v. STATE

No. 10A04-1212-CR-630.

4 N.E.3d 669 (2013)

George A. NUNLEY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

December 18, 2013.

Attorney(s) appearing for the Case

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

Gregory F. Zoeller , Attorney General of Indiana, Katherine Modesitt Cooper , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

ROBB, Chief Judge.

The State has petitioned this court for rehearing of our decision dated October 2, 2013. In our opinion we held, in relevant part, that the trial court erred in allowing the State to amend the habitual offender allegation after the jury was empaneled. Nunley v. State, 995 N.E.2d 718, 726 (Ind. Ct.App.2013). We concluded that the amendment was made after the commencement of trial and that...

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