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Blythe v. State

Court of Appeals of Indiana

August 5, 2014

DUSTIN BLYTHE, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

Page 824

APPEAL FROM THE ST. JOSEPH SUPERIOR COURT. The Honorable John M. Marnocha, Judge. Cause No. 71D02-1204-FC-075.

ATTORNEY FOR APPELLANT: JEFFREY E. KIMMELL, South Bend, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, GEORGE P. SHERMAN, Deputy Attorney General, Indianapolis, Indiana.

BROWN, Judge. ROBB, J., and BRADFORD, J., concur.

OPINION

Page 825

OPINION - FOR PUBLICATION

BROWN, Judge.

Dustin Blythe appeals his convictions for nine counts of forgery as class C felonies and falsely making a petition of nomination, a class D felony. Blythe raises four issues, which we revise and restate as follows:

I. Whether the trial court erred in denying his motion for judgment on the evidence with respect to Counts I through IX based on the State's evidence that he made the ballot petitions;
II. Whether the court erred in granting the State permission to make substantive amendments to the charging information.
III. Whether the court erred in denying his motion for judgment on the evidence with respect to Counts II through IX on the grounds the evidence does not support more than one criminal act of forgery; and
IV. Whether his conviction under Count X should be vacated on the basis that it is a lesser included ...

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