State v. Goree

WASSERSTROM, Judge.

Defendant appeals from his conviction by a jury of burglary second degree. The jury assessed two years imprisonment. The court found defendant to be a persistent offender and entered sentence of 12 years imprisonment.

For his points on this appeal, defendant contends that (1) the state amended the information on the morning of trial to charge that defendant was a persistent offender, and this constituted a new charge which should have been submitted to a preliminary hearing; and (2) the state failed to prove that defendant had been represented by counsel in connection with…