Ballard v. State

ON PETITION TO TRANSFER

Prentice, J.

This case is before us upon Ballard’s petition to transfer from the Court of Appeals, Second District, the decision and opinion of said Court having been filed on the 18th day of April, 1974 and reported at 309 N.E.2d 817. Rehearing was denied on June 4, 1974.

*484Transfer is hereby granted, and said decision of the'-Court of Appeals, Second District is now set aside. The decision of the trial court is affirmed with instructions to modify the petitioner’s sentence.

Except with respect to Issue Eight (the matter of Petitioner’s sentence), we adopt the decision and…