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ATKINS v. STATE

No. 71A038908CR341.

550 N.E.2d 342 (1990)

Howell ATKINS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

February 22, 1990.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, David P. Freund, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Indianapolis, for appellee.

HOFFMAN, Judge.

Appellant petitions this Court to be let to bail pending appeal. The relevant statute, IND. CODE § 35-33-9-1 (1988 Ed.), provides:

"A person convicted of an offense who has appealed or desires to appeal the conviction may file a petition to be admitted to bail pending appeal. The person may be admitted to bail pending appeal at the discretion of the court in which the case was tried, but he may not be admitted to it if he has been convicted...

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