People v. Bernard

HODGES, Chief Justice.

The trial court granted defendant Bernard’s motion pursuant to Crim.P. 35(c) to reduce his 25-35 year sentence as an habitual criminal on the ground that a 1973 burglary conviction was invalid. On appeal, the People assert that the trial court erred. We agree and therefore reverse.

Defendant Bernard was charged with burglary on four separate occasions prior to 1977 and pled guilty to each of those charges. The defendant was again charged in 1977 with second-degree burglary and, in addition, with four counts under the habitual criminal statute for the above mentioned…