State v. Smith

PARKER, Judge.

The state appeals Calvin Smith’s sentence of his conviction for burglary at which time a battery was committed, arguing that the trial court erred in finding that the sentencing statutes do not permit Smith to be sentenced as a habitual offender for this crime. We agree and reverse Smith’s sentence for burglary, finding that the trial court may consider the habitual offender statute in sentencing Smith for an offense classified as a felony of the first degree, punishable by imprisonment for a term of years not exceeding life. Smith cross appeals, presenting four issues for…