Spivey v. State

FRIEDLANDER, Judge.

Clinton Spivey appeals the denial of his petition for post-conviction relief. Following a jury trial, Spivey was convicted of Robbery, 1 Criminal Confinement, 2 Kidnapping, 3 and Attempted Murder, 4 and of being an habitual offender. 5 Spivey was sentenced to seventy years imprisonment, and the convie-tions and sentence were affirmed upon direct appeal in Spivey v. State (1982), Ind., 436 N.E.2d 61. Upon denial of his post-convietion petition, Spivey presents the following restated issues for review.

I. Did the post-conviction court err in failing to vacate the habitual…