Thompson v. State

I respectfully submit that the majority erroneously bases its decision entirely on a misreading of the State’s “concession” regarding Thompson’s prior habitual violator convictions and on a misunderstanding of the trial court’s statement with respect to its use of those convictions.

The prosecutor did not concede that the previous convictions could not be considered at all in the setting of the sentence in this case. Instead, he contended that those convictions were admissible for the purpose of determining how much of the sentence should be probated. Indeed, prior convictions are admissible…