Kilgore v. State

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Michael Kilgore appeals his conviction for escape as a class D felony1 and his adjudication as an habitual offender.2

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

ISSUES

Kilgore raises the following issues:

1. Whether the State violated Kilgore's due process rights when it charged him with escape.

2. Whether the trial court abused its discretion in refusing a tendered jury instruction.

The State also raises the following issue:

Whether the trial court improperly sentenced Kilgore.

FACTS

On December 18, 2007, the trial court placed Kilgore on home detention,…