Bivins v. State

PIVARNIK, Justice.

Defendant Appellant Gerald W. Bivins was convicted of robbery while armed with a deadly weapon, a class B felony, at the conclusion of a jury trial before the Van-derburgh Circuit Court. On May 7, 1981 he was sentenced to thirteen years imprisonment. This Court affirmed the conviction on direct appeal. Bivins v. State (1982), Ind., 433 N.E.2d 387. Appellant subsequently filed a petition for post-conviction relief pursuant to Ind.R.App.P. 4(A)(7) and Ind.R.P.C. 1 § 7. The trial court denied Appellant's petition and he now directly appeals.

Appellant's arguments raise three…