Birchett v. State

Tom Glaze, Justice.

Appellant was found guilty by a jury in March 1986 of hindering apprehension, and sentenced, as a habitual offender, to a term of forty years. At the penalty phase of his trial, appellant objected to the use of six prior felony convictions to enhance his sentence because they were on appeal. Appellant urges this court to modify its ruling in Glick v. State, infra, and hold that prior convictions on direct appeal cannot be considered for the purpose of sentence enhancement. We decline to do so and, therefore, affirm.

The habitual offender statutes, Ark. Stat. Ann. § 41-1001 —…