State v. Petite

The defendant was convicted of burglary not in a dwelling under former OBS 164.240 and given a 10-year sentence. In a subsequent enhanced penalty proceeding under former OBS 168.015 et seq, this sentence was vacated and a sentence of 25 years was imposed. Although no error has been assigned with regard to the enhanced penalty proceeding, this proceeding has been consolidated with the burglary conviction for purposes of appeal, since the validity of the enhanced penalty is dependent upon the affirmance of the conviction supporting it.

With regard to his conviction for burglary not in a…