Gunter v. State

GARRARD, Judge.

Gunter was tried by jury and was convicted of burglary and was determined to be an habitual offender. He was sentenced to eight years and the sentence was enhanced by thirty years for being an habitual offender.

In essence he assigns four errors on appeal. The central feature, however, concerns the fact that the regular judge tried the burglary phase, took the verdict and imposed sentence, while a special judge tried the habitual phase, took the verdict and imposed the sentence enhancement. Gunter contends it was error for different judges to try the different phases and for…