Berwanger v. State

ON PETITION TO TRANSFER

DeBruler, J.

This case is before the Court on a petition to transfer from the Court of Appeals, Second District. Berwanger v. State (1974), Ind. App., 307 N.E.2d 891. In the trial court, the appellant entered a plea of guilty to rape and then personally initiated a petition pursuant to the Criminal Sexual Deviant Act, IC 1971, 35-11-3.1-1, being Burns §§ 9-4001 through 9-4037. The procedures to be followed by the sentencing court when such a petition is filed, are set forth in the statute:

Burns § 9-4004. “Upon the filing of such a petition, the court shall appoint not…