Lisenko v. State

The Appellants, John R. Lisenko and Walter Anthony Stepien were convicted on December 5, 1974, of entering to commit a felony. Ind. Code § 35-13-4-5 (Burns 1975). Each Appellant was sentenced to imprisonment for one to five years. The convictions were subsequently reversed by the Court of Appeals. Lisenko v. State, (1976) Ind. App., 345 N.E.2d 869. The State has filed a petition for transfer in this case. We grant that petition and vacate the decision of the court below. The judgment of the trial court is affirmed.

The evidence at trial revealed that at 3:59 a.m. on November 24, 1973, the…