Comstock v. State

HUNTER, Justice.

The defendant, Nick Comstock, was convicted by a jury of burglary, a class C felony, Ind.Code § 35-43-2-1 (Burns 1979 Repl.); theft, a class D felony, Ind.Code § 35 — 43-4-2 (Burns 1979 Repl.); and being an habitual offender, Ind.Code § 35-50-2-8 (Burns 1979 Repl.). He was sentenced to terms of five years, two years, and thirty years respectively. He now raises three issues in this direct appeal:

1. Whether the trial court abused its discretion by denying a change of venue from the county;

2. Whether the mandatory sentence provided by the Indiana Habitual Offender Statute is so…