McMillian v. State

HUNTER, Justice.

The defendant, Hubert MeceMillian, was charged with burglary, a Class C felony, Ind.Code § 85-48-2-1 (Burns 1979 Repl.) and with being an habitual offender, Ind. Code § 35-50-2-8 (Burns 1979 Repl). At his original trial, the jury found him guilty on the burglary charge but could not reach a verdict on the habitual offender count. He was sentenced to a term of imprisonment of five years on the burglary conviction. The state moved for a new trial on the habitual offender count and when this was denied, the state appealed. This Court reversed the trial court's denial of the…