Hubbard v. State

PIVARNIK, Justice.

Petitioner Hubbard appeals the denial of his Petition for Post-Conviction Relief, which denial was based on a finding Hubbard waived his right to challenge the conduct of the prosecuting attorney by omitting this issue from his direct appeal.

On September 30, 1980, Hubbard was convicted of battery as a class C felony, and was also found to be a habitual offender on October 1, 1980, following a jury trial in Wabash Circuit Court. On November 12, 1980, the trial court sentenced Hubbard to a determinate term of eight (8) years on the battery charge with an enhancement of thirty…