Gilley v. State

GIVAN, Judge.

A jury trial resulted in appellant's conviction of three counts of Dealing in a Schedule II Controlled Substance, a Class B felony, for which he received three fifteen (15) year sentences, his sentences to run concurrently, This Court sua sponte notes the trial court improperly demarcated appellant's habitual offender status as a separate Count IV and enhanced all his sentences collectively by twenty (20) years. The habitual offender status requires the trial court to enhance one or more of the sentences under Count I, II, or III by a term allowed by statute. Starks v. State…