Poore v. State

SHIELDS, Judge.

Floyd P. Poore appeals from the denial of his Motion to Correct Erroneous Sentence.

We reverse and remand.

ISSUES

Did the trial court err in denying Poore's Motion to Correct Erroneous Sentence?

FACTS

In 1987, Poore was convicted of one count of burglary, a class B felony, 1 and found to be an habitual offender. 2 He received a twenty-year sentence enhanced by thirty years. 3 In 1990, one of the prior felony convictions upon which the habitual offender finding was based was vacated in a post-conviction proceeding. On October 24, 1991, Poore filed a Motion to Correct Erroneous…