Turpin v. State

HUNTER, Justice.

The defendant, Basil L. Turpin, was found guilty 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--13-4-2 (Burns 1979 Repl.), and of being an habitual offender, Ind.Code § 35-50-2-8 (Burns 1981 Supp.). He was sentenced to concurrent terms of five and two years on the first two counts and a consecutive term of thirty years on the habitual offender count. This direct appeal raises the following issues:

1. Whether the trial court committed fundamental error in submitting the habitual offender charge to the…