State v. Carter

ELLETT, Chief Justice:

Mr. Carter was charged in three counts with: (a) theft by receiving; (b) attempted theft by extortion, and (c) being a habitual criminal. He was convicted by a jury as charged on counts (a) and (b) above; and convicted by the court of being a habitual criminal. His attack on the conviction of being a habitual criminal is based upon the claim that the statute is unconstitutional. We address that claim first.

Our statute 1 provides:

Any person who has been twice convicted, sentenced, and committed for felony offenses at least one of which offenses having been at least a…