Niece v. State

(Writing by Designa tion).

STATEMENT OF THE CASE

Earl Niece appeals the judgment of the Madison Superior Court Division 1, granting the state's motion to correct errors, vacating his guilty plea and sentencing, reinstating both counts of the information and the pleas of not guilty previously entered, and setting the case for trial. We affirm in part, reverse in part, and remand for further proceedings.

FACTS

Niece was charged in Count I with forgery, a class C felony, 1 and in Count II with theft, a class D felony. 2 The information was filed on December 21, 1981. Thereafter, on March 1, 1982, a…