Ashley v. State

SHEPARD, Justice.

Billy Ashley was convicted after a trial by jury of theft, a class D felony, Ind. Code § 35-43-4-2 (Burns 1979 Repl), and robbery, a class B felony, Ind. Code § 85-42-5-1 (Burns 1979 Repl), and was found to be an habitual offender, Ind. Code § 85-50-2-8 (Burns 1979 Repl.). The trial judge sentenced Ashley to a term of twenty years imprisonment for the robbery, which was enhanced by thirty years by virtue of the habitual offender finding. The judge imposed a concurrent four-year sentence for the theft.

In this direct appeal, Ashley raises five issues:

1) Whether the State should…