Pinkston v. State

GIVAN, Chief Justice.

Appellant was charged with theft. In addition it was alleged that she was an habitual criminal. She was tried and sentenced by the trial judge: “Count I, Theft, two (2) years; Count II, Habitual Criminal, thirty (30) years, to run consecutively.”

Although we understand what the trial judge intended to do, we note that her terminology is incorrect. One convicted of a crime and found to be an habitual criminal is not sentenced separately for being an habitual criminal. Under the statute the defendant receives an additional thirty (30) years for the instant crime because he…