Cuppett v. State

GIVAN, Chief Justice.

Appellant was convicted by a jury of Robbery, a Class B felony. He was sentenced to a term of ten years of imprisonment. He was additionally found to be an habitual offender. The court sentenced him to a thirty (80) year term based on this finding.

We note, sua sponte, the erroneous sentencing of appellant in that the habitual criminal charge was treated as a separate charge. One convicted of a crime and found to be an habitual criminal is not sentenced separately for that finding. The defendant receives an enhancement of thirty years on his sentence for the instant crime.…