Wendling v. State

DeBRULER, Justice.

Wendling was convicted in the Allen Superior Court of forgery under Ind.Code § 35-43-5-2, and determined to be a habitual offender under a separate count. He received a sentence of five years for the forgery and a separate sentence of thirty years on the habitual offender determination, such sentences to run consecutively. The order for separate sentences is error, and this case is remanded for imposition of an enhanced sentence of thirty-five years for the forgery conviction. Yager v. State, (1982) Ind., 437 N.E.2d 454.

The appellate claim presented is that the evidence was…