Ashley v. State

OPINION ON REHEARING

STATON, Judge.

The State of Indiana has petitioned for rehearing of our decision reported in Ashley v. State, 661 N.E.2d 889 (Ind.Ct.App.1996). In light of the Indiana Supreme Court's recent decision in Arthur v. State, 663 N.E.2d 529 (Ind.1996), we grant the State's petition and affirm the post-conviction court's denial of Ashley's petition for post-conviction relief.

In our original opinion we determined that the court erred in Ashley's direct appeal by not applying the rule announced in Spradlin v. State, 569 N.E.2d 948 (Ind.1991), to the instructions at his trial. We do…