Henson v. State

GIVAN, Chief Justice.

Appellant was convicted of inflicting bodily injury during a robbery, and was found to be an habitual criminal. The sentence imposed by the trial court was erroneous in that appellant was given thirty (80) years for inflicting injury in the course of a robbery and thirty (80) years for being an habitual criminal.

The status of being an habitual criminal does not establish a separate crime. It merely provides for the imposition of an enhanced penalty for the instant crime. Williams v. State, (1982) Ind., 431 N.E.2d 793; Badelle v. State, (1982) Ind., 434 N.E.2d 872.

The…