State v. Wright

OPINION

TATUM, Judge.

This is an appeal as of right by Larry Elmer Wright from his conviction at a jury trial of burglary in the second degree and of being an habitual criminal. The punishment set on the burglary conviction was not less than 3 nor more than 3 years in the State penitentiary. After the bifurcated hearing on the habitual criminal count, the punishment was enhanced to life imprisonment. The defendant assigns issue that the first count of the indictment was duplicitous; that there was a material variance between the indictment and the proof; that the habitual criminal statute is…