Coker v. State

GIVAN, Chief Justice.

A jury convicted appellant of Burglary, a Class C felony. The court sentenced him to a term of ten (10) years imprisonment. Subsequent to the jury's finding appellant was an habitual offender, the court sentenced him to "a term of thirty (80) years, and that said term run consecutively with the sentence imposed in Count I-Burglary, a Class C Felony, for a total sentence of forty (40) years."

The onus of the habitual offender finding is an enhanced sentence for the instant crime by thirty (80) years. The finding cannot serve as the basis for a separate sentence without…