White v. State

SHEPARD, Chief Justice.

Appellant Dale White was tried before a jury and convicted of burglary, a class B felony, Ind. Code § 35-48-2-1 (Burns 1985 Repl.) and theft, a class D felony, Ind. Code § 35-48-4-2(a) (Burns 1985 Repl). The jury also determined that White was a habitual offender, Ind. Code § 85-50-2-8 (Burns 1985 Repl.) The judge sentenced White to five years imprisonment for the burglary conviction concurrent with two years imprisonment for the theft conviction. The sentence for theft was enhanced to thirty-two years by the habitual offender determination.

On direct appeal, White…