Patrick v. State

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Robbery, a Class B felony. Appellant was also found to be an habitual offender. He received a sentence of fifteen (15) years on the robbery charge, which was enhanced by twenty (20) years by reason of his status as an habitual offender.

The facts are: On October 14, 1985, Michael Abbitt was an attendant at the Swifty Gas Station, at the corner of Second and Walker in Bloomington, Indiana. Two men entered the gasoline station and one of them, later identified as appellant, asked Abbitt to get him cigarettes. When Abbitt…