CUPPETT v. STATE

No. 482S134.

448 N.E.2d 298 (1983)

Robert Russell CUPPETT, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

May 6, 1983.


Attorney(s) appearing for the Case

Garry A. Weiss, Katz, Brenman & Angel, Merrillville, for appellant.

Linley E. Pearson, Atty. Gen., Carmen L. Quintana, Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Chief Justice.

Appellant was convicted by a jury of Robbery, a Class B felony. He was sentenced to a term of ten years of imprisonment. He was additionally found to be an habitual offender. The court sentenced him to a thirty (30) year term based on this finding.

We note, sua sponte, the erroneous sentencing of appellant in that the habitual criminal charge was treated as a separate charge. One convicted of a crime and found to be an habitual...

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