Bates v. State

Cecil Eugene Bates was charged in a two-count indictment with burglary in the second degree and burglary in the third degree. Immediately prior to trial, the defendant pled guilty to the third degree burglary. Sentence was thirty years' imprisonment as a habitual offender. Counsel has filed a letter of no merit with regard to the appeal of that conviction.

A jury convicted the defendant of burglary in the second degree as charged in count two of the indictment. Sentence was fifty years' imprisonment as a habitual offender. Two issues are raised on the appeal of that conviction.

I

This Court…