Burton v. State

PIVARNIK, Justice.

Irvin W. Burton and Kenneth G. Hale were found guilty by a jury of count I, Burglary, a class B felony, and count II, Theft. They were also found to be habit ual offenders. Each was sentenced to a term of ten (10) years for the burglary conviction, enhanced by thirty (80) years for the habitual offender finding, and further sentenced to two (2) years for the theft conviction, the sentences to be served concurrently. Burton and Hale directly appeal raising the following issues for our review:

1. adequacy of the jury instructions given at the habitual offender phase of trial;

2.…