State v. Miller

BURDICK, Chief Justice.

This appeal arises from Dean Clay Miller, Jr.’s conviction for burglary, assault with intent to commit robbery, possession of methamphetamine, and being a persistent violator. This case is primarily concerned with two issues: (1) whether a persistent violator enhancement must be alleged in the information to give a court subject matter jurisdiction; and (2) whether the defendant’s sen tenee was excessive and constituted an abuse of discretion.

Miller pled guilty to possession of a controlled substance, burglary, and assault with the intent to commit robbery. He also pled…