Blue v. State

RYDER, Judge.

On March 19,1979, appellant was convicted of the offenses of trespass within an occupied structure, criminal mischief, and resisting arrest without violence, all first degree misdemeanors punishable by a maximum one year’s imprisonment. When appellant appeared for sentencing on April 20, 1979, the State announced its intention to seek punishment as an habitual offender. However, the trial court rejected this option, stating:

I can almost guarantee and predict that if the court embraces the idea of enhanced penalties, the Parole Commission will rotate him through their computer…