Davis v. State

PIVARNIK, Justice.

Defendant-Appellant Michael Davis was convicted by a jury in the Lake Superior Court of class C felony burglary and also was found to be a habitual offender pursuant to Ind.Code § 35-50-2-8 (Burns 1979). The trial court accordingly sentenced him to thirty-eight years imprisonment. Appellant now directly appeals and raises the following three issues:

1. inadmissibility of certain exhibits;

2. sufficiency of the evidence; and

3. constitutionality of Indiana's habitual offender statute.

The facts adduced during trial show that during the early morning hours of July 7, 1983,…