Houston v. State

GIVAN, Justice.

A jury trial resulted in appellant’s conviction of Count I, Trafficking in Marijuana, a Class D felony, for which he received a sentence of four (4) years, which was enhanced by eight (8) years due to a finding that he is an habitual offender, and Count II, Possession of Marijuana, a Class A misdemeanor, for which he received a sentence of one (1) year, to be served concurrently with his sentence under Count I.

The facts are: On October 29, 1985, appellant and John Montalvo visited appellant’s brother in the Clinton County Jail. Jail officers who were observing appellant and…