Duncan v. State

DICKSON, Justice.

Defendant James Paul Duncan was originally convicted of conspiracy to commit a felony, Ind.Code § 35-1-111-1 (Burns 1975) and possession of burglary tools by a convicted felon, Ind.Code § 85-13-8-1 (Burns 1975) (repealed by 1976 Ind. Act, PublLL. No. 148, § 24, effective October 1977). Defendant was also found to be a habitual offender for which his sentence was enhanced to life imprisonment on each convietion, Ind.Code $ 35-8-8-1 (Burns 1975) (repealed by 1976 Ind. Act, PubLL. No. 148, § 24, effective July 1, 1979). In his previous direct appeal, defendant's conspiracy…