Shelton v. State

SHEPARD, Chief Justice.

This appeal presents a question of first impression. When the State charges a defendant with certain offenses which may be enhanced by virtue of prior convictions and also alleges that the defendant is an habitual offender, must the trial proceed in three separate phases? We hold it need not.

Appellant Stephen M. Shelton was charged with the following by information: count I, attempted murder, Ind.Code Ann. § 35-42-1-1 (West Supp.1992) and Ind. Code Ann. § 35-41-5-1 (West 1986); count II, auto theft, Ind.Code Ann. § 35-48-4-2.5(b) (West Supp.1992); and count III,…