Poore v. State

ON PETITION TO TRANSFER

BOEHM, Justice.

This case presents the narrow question whether the time limits prescribed by Indiana Rule of Criminal Procedure 4(B) apply to a retrial of a habitual offender finding. Because we hold that the time limits are applicable, we grant transfer, vacate the ha*37bitual offender finding and accompanying sentence enhancement, and reverse for further proceedings consistent with this opinion.

Factual and Procedural Background

On April 6,1983, defendant Floyd P. Poore set out with Herbert Goodwin to commit a burglary. The two stole several items from a house in rural…