Smith v. State

OPINION

KIRSCH, Judge.

A jury convicted Anthony Wayne Smith of one count of burglary1 as a Class B felony, one count of robbery 2 as a Class B felony, one count of carrying a handgun without a license3 as a Class A misdemeanor, and found him to be an habitual offender.4 On appeal, he claims that the trial court violated the prohibition against double jeopardy by convicting him of both the burglary and robbery offenses.

We affirm.

FACTS AND PROCEDURAL HISTORY

On March 16, 1994, Anthony Wayne Smith knocked on the door of eighty-year-old Peerles Miller; Miller answered. Although Miller did not know…