Beavers v. State

GIVAN, Justice.

This case was previously before the Court in Beavers v. State (1984), Ind., 465 N.E.2d 1888. Appellant had been convicted of First Degree Burglary and had been found to be an habitual offender. In a unanimous opinion written by Justice De-Bruler, we found that appellant had been tried under the wrong habitual offender statute. The Court pointed out that the statute under which appellant had been prosecuted had not been adopted until after the instant crime had been committed. The cause was therefore remanded to the trial court "for the rendition of a new sentence not…