Sunday v. State

BOEHM, Justice.

Jason M. Sunday pleaded guilty to several charges including rape as a Class A felony. He was sentenced to an aggregate term of 113 years, including fifty-five years for rape. His sole claim of error in this appeal is that the trial court erred in adding five years to his rape sentence based on his use of a firearm in the commission of the offense. Because the State did not follow the statutory charging procedure necessary to enhance the rape count under Indiana Code § 35-50-2-11, we remand this case to the trial court with instructions to reduce the sentence for rape to fifty…