Jones v. State

RODOWSKY, Judge.

The petitioner, George Jones (Jones), challenges his enhanced sentence as a three time offender under the drug laws. He asserts that the State failed to prove a predicate for enhanced punishment, namely, that he had served at least 180 days of a term of confinement imposed as the sentence for one of the predicate convictions. Two issues are presented.

1. Did the trial court and the Court of Special Appeals err in concluding that the burden of going forward with the evidence shifted to Jones to prove that he had not served a minimum of 180 days when the State proved that Jones…