Cornett v. State

GIVAN, Justice.

Appellant’s first trial resulted in a hung jury. His second trial by jury resulted in his conviction of Robbery, a Class B felony, for which he received a sentence of ten (10) years. He also was found to be an habitual offender and was sentenced to an additional thirty years to run consecutively with the ten-year sentence, which was improper. The habitual offender status is not a separate sentence, but requires the trial court to enhance appellant’s ten-year sentence under the robbery conviction by a term allowed by statute. Lord v. State (1988), Ind., 531 N.E.2d 207.

The facts…