Waye v. State

ON PETITION TO TRANSFER

KRAHULIK, Justice.

In this case, we grant transfer and set aside the finding that Rodney J. Waye (Defendant-Appellant below) is an habitual offender for the reason that a misdemeanor conviction was improperly admitted during the habitual offender proceedings.

The facts relevant to the habitual offender finding in the instant case reveal that in 1989 Waye was convicted of burglary and attempted theft, and was found to be an habitual offender. His sentence was enhanced by 30 years on account of this finding. During the habitual offender phase of the trial, the State…