Wing v. State

Donald L. Corbin, Judge.

The appellant, Donald Eugene Wing, appeals from a conviction of burglary and theft of property and sentences of twenty years and ten years, to be served consecutively. Appellant’s two points for reversal are that (1) the court failed to exercise discretion in sentencing appellant to consecutive rather than concurrent terms; and (2) the court erred in using a constitutionally invalid felony conviction for enhancement purposes under the Habitual Offender Statute. We reverse.

For his first point, the appellant relies upon Acklin v. State, 270 Ark. 879, 606 S.W.2d 594…