Bergeron v. State

BARNES, J.,

for the Court:

¶ 1. James Lynwood Bergeron appeals the Adams County Circuit Court’s denial of his motion for post-conviction relief, claiming that he was erroneously sentenced as a habitual offender. Upon review, we find that the record does not support Bergeron’s status as a habitual offender. We reverse the circuit court’s denial of the motion and remand this case for re-sentencing.

SUMMARY OF FACTS AND PROCEDURAL HISTORY

¶ 2. On June 17, 2002, Bergeron was indicted on three counts: murder, possession of a stolen motor vehicle, and possession of a deadly weapon as a convicted felon.…