Smith v. State

GIVAN, Judge.

This is an appeal from the denial of a petition for post-conviction relief. After a jury trial in 1978 on charges stemming from an incident involving an escape from the Indiana State Farm and the shooting of an Indiana State Trooper, appellant was convicted of Escape, a Class D felony, At tempted Murder and Attempted Kidnap ping, both Class A felonies, and was found to be an habitual offender. His enhanced sentence amounted to an executed term of seventy (70) years. We affirmed his conviction upon direct appeal, Smith v. State (1981), Ind., 422 N.E.2d 1179.

The facts are: Prior to…