Hays v. State

JOANOS, Judge.

Robert Oakley Hays has appealed from a conviction and sentence. He has argued that the trial court erred in sentencing appellant as an habitual offender.

Appellant, who had been drinking heavily, was apprehended after he stole some clothes out of a truck. He was charged with burglary of a conveyance and petit theft. A jury found appellant guilty as charged. On May 8, 1987, appellant was adjudicated guilty and sentenced as an habitual offender to 10 years in state prison for the burglary with credit for 312 days. For the petit theft he was sentenced to time served. Prior to the…