Cooper v. State

Defendant (Appellant) was convicted upon both of two counts in a trial by jury, upon an affidavit charging Second Degree Burglary under 1956 Repl. Burns Ind. Stat. Ann. § 701, IC 1971, 35-13-4-4, Acts of 1941, Ch. 148, § 4, and with being an Habitual Criminal under 1956 Repl. Burns Ind. Stat. Ann. § 9-2207, IC 1971, 35-8-8-1, Acts of 1907, Ch. 82, § 1. His appeal avers the following errors:(1) Overruling a motion to dismiss Count No. 2 predicated upon the premise that the sentences upon the two felony convictions specified in the affidavit were served concurrently.(2) Overruling Defendant’s…