Armstead v. State

GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Receiving Stolen Auto Parts, a Class D felony. He was sentenced to four (4) years and found to be an habitual offender, for which he was sentenced to thirty (80) years, said sentences to run consecutively. We note sua sponte that this cause must be remanded to the trial court for a resentencing wherein the term for the substantive offense is enhanced due to the habitual offender status, resulting in a single enhanced sentence.

The facts are: Approximately 9:00 p.m. on the evening of August 8, 1987, 15-year-old Allen Roach…