Pinkston v. State

*636Concurring Opinion

Staton, P.J.—

TR. 41(B) further provides: “If the court renders judgment on the merits against the plaintiff or party with the burden of proof, the court, when requested at the time of the motion by either party shall make findings if, and as required by Rule 52 (A).” This provision of TR. 41(B) is not applicable to criminal procedure. Neeley v. State (1973), 156 Ind. App. 489, 297 N.E.2d 847; affirmed 261 Ind. 434, 305 N.E.2d 434.