Lewis v. State

GIVAN, Justice.

A jury trial resulted in the convietion of appellant of Kidnapping, a Class A felony, for which he received forty (40) years, and Robbery, a Class A felony, for which he received forty (40) years. He also was found to be an habitual offender and received "an enhanced term of thirty (80) years." This sentence is technically in error, in that a person found to be an habitual offender does not receive a separate sentence for that status. The proper procedure is to enhance one of the instant felonies by an extra thirty (80) years because of the status of habitual offender. This…