Funk v. State

GIVAN, Chief Judge.

Appellant was charged with the crime of theft to which was added an habitual offender charge. Appellant was found guilty of theft by jury in a bifurcated proceeding. On the habitual criminal charge there was a mistrial, a new jury was chosen and the appellant found to be an habitual criminal. He was first sentenced to two (2) years on the theft charge, then that sentence was increased by an additional thirty (30) years by reason of his being found to be an habitual criminal.

The record shows the following facts. In the late evening or early morning hours of May 15 or 16,…