Swinehart v. State

Defendants (Appellants) were jointly charged with two counts of safe burglary, Ind. Code § 35-1-61-1 (Burns 1975), and two counts of theft of more than one *462hundred dollars, Ind. Code §35-17-5-1 et seq. (Burns 1975). In addition, the defendant Wells was charged with being an habitual criminal, Ind. Code §35-8-8-1 (Burns 1975). After a trial by jury, both defendants were found guilty upon all charges of burglary and theft, a bifurcated trial was had and Wells was judged to be an habitual criminal. Both defendants were sentenced to imprisonment for not less than five years nor more than ten…