Powers v. State

GIVAN, Justice.

A jury trial resulted in appellant's convietion of Burglary, a Class C felony, for which he received a sentence of eight (8) years, and Burglary, a Class B felony, for which he received a sentence of twenty (20) years, which was enhanced by thirty (30) years due to a finding that he is an habitual offender. His sentences were ordered to be served concurrently.

This case must be reversed on two grounds. First, appellant claims fundamental error in that the court gave State's Tendered Instruction No. 2, which reads as follows:

"Ladies and Gentlemen of the jury, you are instructed…