GOODLOW v. STATE

No. 2-873A186.

319 N.E.2d 866 (1974)

Walter GOODLOW, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

December 19, 1974.


Attorney(s) appearing for the Case

Harriette Bailey Conn, Public Defender, Carr L. Darden, Sr. Deputy Public Defender, for appellant.

Theodore L. Sendak, Atty. Gen., Robert F. Colker, Asst. Atty. Gen., for appellee.


WHITE, Judge.

Appellant appeals from a post-conviction relief judgment (PC. 1) which reduced his ten to twenty-five year robbery sentence to five to twenty-five years, contending that judicial modification of an unconstitutional statutory penalty to render the statute constitutional is judicial legislation prohibited by Article III, section 1, Constitution of Indiana (separation of powers), and ultimately contending that the imposition of any sentence under the unconstitutional...

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