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SLOCUMB v. STATE

No. 82S01-9106-CR-459.

573 N.E.2d 427 (1991)

Jeffrey A. SLOCUMB, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 14, 1991.

Attorney(s) appearing for the Case

David W. Lamont, Evansville, for appellant.

Linley E. Pearson, Atty. Gen., Wendy Stone Messer, Deputy Atty. Gen., Indianapolis, for appellee.

SHEPARD, Chief Justice.

When the State charges a defendant as an habitual offender and lists as prior convictions several Indiana class D felonies and several felonies from other states for which the penalty imposed was within the sentencing range for Indiana class D felonies, does Ind. Code § 35-50-2-8(h) preclude a thirty-year enhancement of sentence? We hold that it does.

Appellant Jeffrey A. Slocumb was charged with theft, a class D felony, Ind. Code...

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