PINKSTON v. STATE

No. 581S124.

436 N.E.2d 306 (1982)

Carolyn Sue PINKSTON, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 23, 1982.


Attorney(s) appearing for the Case

Merle B. Rose, Cronin & Rose, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Janis L. Summers, Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Chief Justice.

Appellant was charged with theft. In addition it was alleged that she was an habitual criminal. She was tried and sentenced by the trial judge: "Count I, Theft, two (2) years; Count II, Habitual Criminal, thirty (30) years, to run consecutively."

Although we understand what the trial judge intended to do, we note that her terminology is incorrect. One convicted of a crime and found to be an habitual criminal is not sentenced separately...

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