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GIBSON v. STATE

No. 55A01-9507-CR-236.

661 N.E.2d 865 (1996)

Jeffrey GIBSON, Appellant-Defendant Below, v. STATE of Indiana, Appellee-Plaintiff Below.

Court of Appeals of Indiana.

Transfer Denied April 17, 1996.

Attorney(s) appearing for the Case

R. Stephen Donovan, Martinsville, for appellant.

Pamela Carter, Attorney General of Indiana and James D. Dimitri, Deputy Attorney General, Indianapolis, for appellee.

OPINION

ROBERTSON, Judge.

Jeffery Gibson appeals from the determination that he is an habitual offender. He claims the trial court had no authority to proceed on the habitual offender count after this Court had reversed the initial dismissal of the count and had no authority to amend his underlying felony sentence to include the habitual offender enhancement. He further claims that the evidence is insufficient to support his status as an habitual offender...

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