Baker v. State

HUNTER, Justice.

The defendant, Gregory A. Baker, was convicted by a jury of theft, a class D felony, Ind.Code § 35-43-4-2 (Burns 1979 Repl.) and of being an habitual offender, Ind.Code' § 35-50-2-8 (Burns 1979 Repl.) and was sentenced to consecutive terms of two and thirty years’ imprisonment. His direct appeal raises the following issues all related to the habitual offender phase of the proceedings:

1. Whether the trial court erred in allowing the prosecutor to file the habitual offender count using the same two prior felonies which had been used during the habitual offender proceeding at a…