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Whittaker v. State

Court of Appeals of Indiana

May 20, 2015

Michael Whittaker, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Page 1064

Appeal from the Vigo Superior Court. The Honorable David R. Bolk, Judge. Cause No. 84D03-1309-FD-2931.

ATTORNEY FOR APPELLANT: Cara Schaefer Wieneke, Wieneke Law Office, LLC, Plainfield, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Jodi Kathryn Stein, Deputy Attorney General, Indianapolis, Indiana.

Darden, Senior Judge. Vaidik, C.J., and May, J., concur.

OPINION

Page 1065

Darden, Senior Judge

Statement of the Case

[¶1] Michael Whittaker appeals his sentence for his conviction of theft, a Class D felony, Indiana Code section 35-43-4-2 (2009), and his adjudication as an habitual offender, Indiana Code section 35-50-2-8 (2005). We affirm.

Issue

[¶2] Whittaker presents one issue for our review, which we restate as: whether the savings clause of the 2014 criminal code revision violates the Equal Privileges and Immunities Clause of the Indiana Constitution.

Facts and Procedural History

[¶3] In September 2013, the State charged Whittaker with theft and alleged that he was an habitual offender. Whittaker pleaded guilty to the theft charge and admitted being an habitual offender in September 2014. The following month the trial court sentenced Whittaker to 180 days on the theft conviction, enhanced by eighteen months for his admission to being an habitual offender, for ...


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