James M. Coble v. State Indiana

GIVAN, J. Appellant was originally convicted of two counts of Burglary, a Class C felony, and found to be an habitual offender. At
that time, he was sentenced to two (2) years on each count of burglary and the sentence on the second count was enhanced by
thirty (30) years by reason of his status as an habitual offender. Appeal was taken from that conviction and this Court ordered
the habitual offender enhancement vacated. Coble v. State (1986), Ind., 500 N.E.2d 1221. Upon remand of the case, the trial
court heard evidence and oral argument from the parties, following which he re-sentenced appellant to six (6) years on Count
I and to eight (8) years on Count II. He further ordered that the sentences should run consecutively, whereas in the first
instance he had ordered the sentences to run concurrently.