THOMAS v. STATE

No. CR 93-519.

864 S.W.2d 835 (1993)

315 Ark. 79

John THOMAS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

November 8, 1993.


Attorney(s) appearing for the Case

William R. Simpson, Public Defender, Bret Qualls, Mac Carder, Jr., Deputy Public Defenders, Little Rock, for appellant.

Brad Newman, Asst. Atty. Gen., Little Rock, for appellee.


BROWN, Justice.

Appellant John Thomas was sentenced to an extended term of imprisonment as a habitual offender with more than one but less than four felony convictions under Ark.Code Ann. § 5-4-501 (1987). The single issue on appeal is whether the trial court erred by not merging his prior convictions for breaking or entering and for theft of property into a single felony conviction for enhancement purposes. We hold that error did occur, and we vacate the sentence...

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