Newland v. State

PIVARNIK, Justice.

Defendant-Appellant John L. Newland was convicted by a jury in the Jay Circuit Court of class D felony Attempted Escape, Ind.Code §§ 385-41-5-1 and 85-44-8-5 (Burns 1979), and class D felony Conspiracy to Commit Escape, Ind.Code §§ 85-41-5-2 and 85-44-8-5 (Burns 1979). The same jury also found Appellant to be a habitual offender according to Ind.Code § 85-50-2-8 (Burns Supp.1983). The trial court apparently merged the attempt and conspiracy convictions and accordingly sentenced Appellant to two years imprisonment on the conspiracy conviction. The trial court further ordered…