Smith v. State

Appellant was tried by jury on an information which charged him in Count I with child molesting, a Class C felony. 1.0. 85-42-4-8(c). A verdict of guilty as charged was rendered. He was also tried by jury on Count II which alleged that he was a habitual offender. An affirmative verdict was rendered on Count II. The trial court enhanced the basic five-year sentence by an additional three years, and then enhanced that initial maximum eight years by an additional thirty years due to the habitual offender status, 1.0. 85-50-2-6; 1.0. 85-*63650-2-8, making the total sentence thirty-eight years.

The…