Olinger v. State

GIVAN, Chief Justice.

This is an appeal from the overruling of appellant's Motion to Set Aside Habitual Offender Enhancement after one of the two underlying offenses supporting the enhancement was vacated in the court of conviction. On May 19, 1982, appellant was found guilty of Burglary, a Class C felony, and found to be an habitual erimi-nal. A sentence of thirty-seven (87) years imprisonment resulted.

In 1983 appellant successfully prosecuted a post-conviction relief petition to set aside a 1969 felony conviction in the White Circuit Court. The White Circuit Court felony conviction was one…