Seay v. State

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

In this case, we are asked to consider the constitutional role of the jury in an habitual offender proceeding. Gary T. Seay appeals from the trial court’s denial of his petition for post-conviction relief. In 1987, following a jury trial, Seay was convicted of Dealing in a Schedule II Controlled Substance, as a Class B felony, and of Dealing in Cocaine, as a Class B felony. He was also found to be an Habitual Offender. The trial court sentenced Seay to 20 years imprisonment for each of the convictions and enhanced Seay’s sentence for dealing in cocaine…