Sample v. State

On Petition To Transfer from the Indiana Court of Appeals, No. 45408-0812, CR-585

RUCKER, Justice.

In this opinion we reaffirm that it is error to instruct a jury, over the defendant's objection, that it is bound to return a hbabitual offender finding provided the State proves the predicate felonies We also determine the error is not cured by an accompanying instruction that renders meaningless the jury's law and fact determining authority.

Facts and Procedural History

The facts most pertinent to the issue before us are these. Thirty-four-year-old Curtis F. Sample, was convicted of attempted…