Anderson v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted after trial by jury of Attempted Theft, Ind. Code §§ 35-41-5-1; 35-43-4-2 (Burns 1979) and of being an Habitual Offender, Ind.Code § 35-50-2-8 (Burns 1979) and sentenced to thirty-two (32) years imprisonment. This direct appeal requires us to address two issues:(1) Whether the trial court erred in denying Defendant’s motion for discharge.(2) Whether the trial court erred in denying Defendant’s motion to dismiss the habitual offender charge.

ISSUE I

Defendant first contends that he was tried subsequently to the expiration of the seventy (70)…