Powers v. State

PIVARNIK, Justice.

Defendant-Appellant Roger W. Powers waived jury trial and in a trial to the court was found guilty of Escape for which he received a term of two (2) years, and was further found to be an habitual offender, for which his term was enhanced by thirty (30) years, for a total sentence of thirty-two (82) years.

Powers presents three issues for our review in this direct appeal:

1. insufficient evidence to support the conviction of escape;

2. imposition of the habitual offender sentence constituted cruel and unusual punishment; and

3. the habitual offender charge was filed as a result…