Slocumb v. State

SHEPARD, Chief Justice.

When the State charges a defendant as an habitual offender and lists as prior convictions several Indiana class D felonies and several felonies from other states for which the penalty imposed was within the sentencing range for Indiana class D felonies, does Ind.Code § 85-50-2-8(h) preclude a thirty-year enhancement of sentence? We hold that it does.

Appellant Jeffrey A. Slocumb was charged with theft, a class D felony, Ind. Code § 35-48-4-2(a) (West 1986), and with being an habitual offender, Ind.Code § 85-50-2-8 (West Supp.1990). The jury found him guilty of theft and…