Hudson v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted of Possession of a Narcotic Drug, Ind.Code § 35-48-4-6 (Burns Supp.1982) and of being an Habitual Offender, Ind.Code § 35-50-2-8 (Burns Supp.1982) and sentenced to thirty-two (32) years imprisonment. On the date set for trial and after the jury had been impanelled, he pled guilty to the offense of “Possession” as a lesser included offense of a charge of Dealing in a Schedule II Controlled Substance, Ind.Code § 35-48-4-2(1) (Burns Supp.1982); thereafter, the habitual offender charge was tried to the jury. The assignments of error presented…