Howard v. State

Appellant was convicted of entering to commit a felony, second degree burglary and safe burglary. Following trial, a separate hearing was had to determine whether or not appellant was also an habitual criminal. After finding that he was an habitual criminal, the court sentenced appellant to life imprisonment.

The facts most favorable to the State show that in the early morning hours of December 8, 1975, appellant and one Charles Humphrey, were discovered attempting to pry open a safe in the McDonald’s Restaurant in Mooresville, Indiana. They were taken into custody and appellant was charged…