State v. Palmer

PIVARNIK, Justice.

This is an appeal by the State of Indiana from a criminal cause in which a state statute, Ind.Code § 35-7-1-1 (Burns 1975), was declared unconstitutional by the Elk-hart Superior Court. The facts are not in dispute.

Defendant, Harry Fred Palmer III, was charged by way of information with first degree burglary in Elkhart County on September 12, 1977. The cause went through routine pleading stages and finally on January 16,1978, the defendant withdrew a plea of not guilty and entered a plea of guilty to the charge of first degree burglary. A pre-sentence investigation report…