Smith v. State

HUNTER, Justice.

The defendant, Richard Dean Smith, was convicted by a jury of burglary of a dwell ing, a Class B felony, Ind.Code § 85-483-2-1 (Burns 1984 Supp.), and attempted theft, a Class D felony, Ind.Code § 85-48, 4-2 (Burns 1984 Supp.), and Ind.Code § 35-41-5-1 (Burns 1979 Repl), and he was also found to be a habitual offender. Defendant was sentenced to the Indiana Department of Correction for a period of twenty years for the burglary and four years for the attempted theft, such sentences to run concurrently. A sentence of thirty years was imposed based upon the habitual offender…