Rowold v. State

BAKER, Judge.

Today we decide two issues:

1. How must a trial court classify a federal felony conviction for habitual offender purposes?

2. If a trial court improperly sentences a defendant under the wrong habitual offender statute, how should the trial court correct its error?

Appellant-defendant Richard L. Rowold challenges his conviction and sentence for Criminal Recklessness, a Class D felony. 2 Rowold claims the trial court erred in refusing to give his tendered jury instruction and in enhancing his sentence by an additional ten years for being an habitual offender.

FACTS

On July 11, 1991,…