Hicks v. State

On July 26, 1973, appellant Hicks was found guilty of first degree burglary and rape. He then petitioned for an examination as a criminal sexual deviant pursuant to IC 1971, 35-11-3.1, Ind. Ann. Stat. §9-4001 et seq. (Burns 1974 Supp.).1

The sole error raised on this appeal asserts the court abused its discretion in not determining that Hicks is probably a criminal sexual deviant.

Upon the filing of the petition the court appointed two duly qualified psychiatrists to examine Hicks. Prior to conducting their examinations, they were furnished a copy of the trial transcript and a copy of the…