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BENTON v. STATE

No. 479S93.

401 N.E.2d 697 (1980)

James Ewell BENTON, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

March 21, 1980.

Attorney(s) appearing for the Case

Charles L. Berger, Evansville, for appellant.

Theodore L. Sendak, Atty. Gen., Gordon R. Medlicott, Deputy Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

Appellant was convicted of burglary, conspiracy to commit a felony and of being an habitual criminal. He was sentenced to concurrent terms of five years on the burglary and conspiracy counts and to a term of 30 years on the habitual criminal count, to be served consecutively with the first two penalties. Because we find prejudicial error in the first issue raised by appellant, we must reverse the conviction...

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