Carter v. State

OPINION

MAY, Judge.

Theothus Carter was convicted after a jury trial of three Class A felonies — attempted murder, 1 attempted robbery, 2 and burglary 3 — and later was found by the court to be an habitual offender. 4 Carter argues on appeal the prosecutor improperly referred to his decision not to testify; the jury was not properly instructed; the trial court should not have allowed the State to amend the charging information; and he was subjected to double jeopardy when the State used the same injury to the victim to enhance two different counts.

We affirm in part, reverse in part, and remand.

F…