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02/01/88 MARVIN GLENN TYREE v. STATE INDIANA

Filed: February 1, 1988.

MARVIN GLENN TYREE, APPELLANT (DEFENDANT BELOW),
v.
STATE OF INDIANA, APPELLEE



APPEAL FROM THE GRANT COUNTY SUPERIOR COURT, The Honorable Thomas G. Wright, Judge, Cause No. SCR-85-5.

Sullivan, J., Buchanan, J. And Miller, J. Concur.

Author: Sullivan

SULLIVAN, J.

Marvin Glen Tyree (Tyree) appeals a jury conviction of burglary, a class B felony, and theft, a class D felony.

We reverse.

Tyree originally entered into a plea agreement whereby he agreed to enter a plea of guilty to the charge of burglary in exchange for the State's recommendation of an eight-year sentence and dismissal of the theft charge. At the guilty plea hearing, the following exchange took place between the court and Tyree.

"Q. Tell me what you did to make you guilty.

A. I was there when -- when it happened.

Q. You were there when it happened. What does that mean?

A. Guilty.

Q. Well, tell me what went on, Glen.

A. Drove up to the house and parked down the street. Took the window out. And went in.

Q. Did you go in?

A. Yes.

Q. What'd you go in for? What was your intent ...


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