Mers v. State

DICKSON, Justice.

Steven A. Mers was convicted by a jury of burglary, a class C felony 1 and was also found to be a habitual offender. 2 The trial court sentenced him to the maximum term of eight (8) years imprisonment on the burglary conviction and enhanced the sentence by thirty (30) years for the habitual offender determination. This direct appeal urges that error resulted from each of the following trial court actions: .

1. refusing to dismiss the habitual offender count as violative of the prohibition against double jeopardy;

2. refusing to allow evidence that defendant had been previously…