Gilmore v. State

HUNTER, Justice.

The defendant, Charles Gilmore, was convicted by a jury of burglary, a class C felony, Ind.Code § 35-43-2-1 (Burns 1979 Repl.) and found to be an habitual offender, Ind.Code § 35-50-2-8 (Burns 1979 Repl.) (amended 1980). He was sentenced to terms of five years and thirty years respectively. His direct appeal raises the following issues:

1. Whether the trial court erred in refusing to grant defendant’s motion to dismiss the habitual offender count;

2. Whether the trial court committed reversible error by not sustaining defendant’s objection when the prosecutor allegedly commented…