Johnson v. State

BUCHANAN, Judge.

CASE SUMMARY

Defendant-appellant Henry Johnson (Johnson) appeals from the determination that he was an habitual offender,1 claiming that there was no evidence that one of his prior convictions was a felony conviction and that his prior theft conviction should be considered a class D felony.

We affirm.

FACTS

The facts most favorable to the jury's verdict reveal that Johnson was charged with criminal recklessness,2 a class D felony, on April 7, 1987 for actions committed on April 4, 1987. Johnson was alleged to be an habitual offender on December 2, 1987, on the basis of a 1986…