Dukes v. State

OPINION

SHARPNACK, Chief Justice.

Thomas Eugene Dukes, Jr. appeals his convictions for second degree burglary and theft. Dukes raises eight issues which we consolidate and restate as:(1) whether the trial court erred when it denied Dukes’ motion to dismiss based upon an alleged violation of Ind.Crim.Rule 4(B); and(2) whether the trial court erred when it imposed a greater sentence on Dukes upon retrial after the post-conviction court vacated his earlier conviction which was based on a guilty plea.

We affirm.

The facts most favorable to the judgment follow. On October 13, 1971, Dukes was charged…