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GIBSON v. STATE

No. 2-1173A244.

319 N.E.2d 661 (1974)

Damon GIBSON, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

December 10, 1974.

Attorney(s) appearing for the Case

Donald D. Chiappetta, Muncie, for appellant.

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

WHITE, Judge.

Appellant was accused by affidavit of the offense of assault and battery with intent to kill. Pursuant to plea bargaining he entered a plea of guilty to what was considered to be the included offense of aggravated assault and battery,1 a plea that was perfunctorily accepted by the trial court. Subsequent to a presentence investigation he was sentenced to an executed term of not less than one nor more than five years. At the...

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