State v. Graves

OPINION

NOYES, Judge.

Gregory Graves (“Appellant”) was indicted on five counts of sale of narcotic drugs, class 2 felonies. The State subsequently amended the indictment to allege two prior felony convictions. A jury found Appellant guilty on all five counts and it also found that he had two prior felony convictions. The only issues on appeal relate to the prior convictions. We conclude that the class 5 felony prior conviction did not qualify as a historical prior felony conviction because, after excluding time while Appellant was incarcerated, the class 5 offense occurred more than five years…