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LEIGHGAYN
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ZOELLER Attorney General of Indiana HOPE FEY Deputy Public Defenr Indianapolis, Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana FILED IN THE COURT OF APPEALS OF INDIANA DARRYL GAYDEN, Appellant-Defendant, vs. 27D02-0503-PC-45 May 20, 2010 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge CLERK of the supreme urt, urt of appeals and tax urt Case Summary Darryl Gayn appeals the nial of his petn for post-nvictn relief. Gayn was nvicted of attempted murr followg a bench trial.
DARRYL GAYN V. STATE OF INDIANA (NFP)
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He alleg that his fense unsel renred effective assistance by (1) not properly apprisg him of his right to trial by an impartial jury, (2) mtg var errors throughout the proceedgs, such as pursug unregnized fens, cg disadvantageo law, and failg to tablish an evintiary foundatn for a self-fense claim, and (3) mislculatg the amount of jail-time cred that Gayn was entled to at sentencg. However, we remand for amendment of Gayn s sentence so that reflects the appropriate amount of cred Gayn earned pretrial tentn.
Facts and Procral History The unrlyg facts as reported this Court s memorandum cisn on direct appeal are as follows: Gayn and Gretchen Whe beme romantilly volved January 2000. Gayn and Whe lived together at the En Hoe Marn, Indiana. On October 6, 2000, Whe was stayg at Rega Brewer s hoe bee she and Gayn had been a fight.