Lyons v. State

GIVAN, Chief Justice.

Appellant was convicted of Unlawful Deviate Conduct and was sentenced to ten (10) years imprisonment. He was also found to be an habitual offender and the sentence of the underlying felony was enhanced with the mandatory term in accordance with the provisions of I.C. 35-50-2-8 [Burns’ Repl. 1979],

Appellant claims the trial court erred in denying his Motion for Discharge made immediately prior to trial. Appellant identifies as the basis for this alleged error the State’s failure to comply with Ind.R.Cr.P. 4(C), which provides in relevant part:

“No person shall be held on…