Clemmons v. State

GIVAN, Justice.

A jury trial resulted in the convietion of appellant of the crime of Robbery, a Class C felony, for which he was sentenced to a term of five (5) years enhanced by thirty (30) years by reason of his status as an habitual offender, and Theft, a Class D felony, for which he received a sentence of two (2) years. We note that inasmuch as theft is an included offense within the charge of robbery, the two convictions should have been merged and no separate sentence entered on the crime of theft. This case will therefore be remanded to the trial court with instructions to expunge the…