Jackson v. State

Banke, Judge.

The defendant was convicted of two counts of armed robbery and sentenced as an habitual offender to two consecutive terms of life imprisonment. His primary contentions on appeal are that certain allegations in the indictment were not proven as charged, that the issue of his habitual offender status was improperly decided by the trial judge rather than the jury, and that the judge failed to consider the option of sentencing him to 20-year terms rather than to life terms. Held:

1. The state’s failure to prove the allegations in the indictment to the effect that the money stolen from…