Freeman v. State

SHEPARD, Chief Justice.

Appellant Todd E. Freeman was convicted of operating a vehicle while intoxicated. His offense normally would have been a class A misdemeanor, but the trial court enhanced it to a class D felony based on his prior similar convictions. The court enhanced his sentence a second time after adjudging him a habitual substance offender. He claims this was error. We agree.

I. Statement of Facts

In December 1989 the police arrested Freeman for driving his automobile while intoxicated. The State charged Freeman in a single count, with three contentions. First, the State alleged that…