Legal Opinion

State v. Turner

Indiana Court of Appeals

Decided December 20, 1978No. 2-678A184PublishedCited by 14 opinions

1Opinion of the Court

CASE SUMMARY

Chipman, P.J.

Appellant-plaintiff State of Indiana appeals from the trial court’s denial of its motion to correct error. The State alleges it was error to sentence Jerry Frank Turner under IND. CODE 35-50-2-5 (Supp. 1978) rather than IND. CODE 35-13-4-4 which was the statute in effect at the time the alleged offense was committed. 1

We affirm the conviction of Turner, but remand to the trial court with instructions to vacate his present sentence and to enter a sentence pursuant to the appropriate statute, IC 35-13-4-4.

FACTS

Turner was charged with committing first degree burglary on…

2Cases cited8 opinions

  1. MALONE, ADMR. ETC. v. ConnerIndiana Court of Appeals · 1963
  2. Dowdell v. StateIndiana Court of Appeals · 1975
  3. Wolfe v. StateIndiana Court of Appeals · 1977
  4. Dotson v. StateIndiana Supreme Court · 1972
  5. Boyd v. StateIndiana Supreme Court · 1971

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. PalmerIndiana Supreme Court · 1979
  2. Elkins v. StateIndiana Court of Appeals · 1995
  3. Shelton v. StateIndiana Court of Appeals · 1979
  4. Russell v. StateIndiana Court of Appeals · 1979
  5. Terrell v. StateIndiana Court of Appeals · 1979

9 more not listed; retrieve them via the Exa API.

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