963 N.E.2d 511
Ind.2012Background
- White challenged the trial court’s allowance of a belated habitual-offender filing and the sufficiency of evidence for the two prior felonies.
- The omnibus date was March 10, 2010; the State moved to amend March 25, 2010, more than ten days after the omnibus date.
- The trial court granted the belated habitual-offender charge without an explicit good-cause finding.
- White did not object, request a continuance, or raise the issue during trial.
- The Court of Appeals had vacated the habitual-offender finding; this Court summarily affirmed in part and reversed in part, upholding the habitual-offender finding and remanding to vacate the receiving-stolen-property conviction noted in the opinion.
- Authentic certified Nebraska records were admitted to prove two unrelated adult felony convictions despite White’s birthdate placing some acts at age 15.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of tardy habitual-offender filing | State argues filing was proper; White did not object | White did not preserve error by not requesting a continuance | Issue not preserved; waiver due to no continuance request under Kidd |
| Sufficiency of evidence for two unrelated adult felonies | Nebraska records show adult convictions proving two prior felonies | Record insufficient to prove adult status beyond reasonable doubt | Evidence sufficient to support two unrelated adult felony convictions |
Key Cases Cited
- Daniel v. State, 526 N.E.2d 1157 (Ind. 1988) (waiver when defendant fails to object and request continuance; prejudice analyzed)
- Haymaker v. State, 667 N.E.2d 1113 (Ind. 1996) (distinction between adding vs amending habitual-offender charges; waiver rules apply)
- Williams v. State, 735 N.E.2d 785 (Ind. 2000) (reaffirms requirement of continuance to preserve error after tardy filing; speedy-trial motion does not excuse)
- Kidd v. State, 738 N.E.2d 1039 (Ind. 2000) (waiver for failure to request continuance after tardy filing; no exception for good-cause argument)
- Mitchell v. State, 712 N.E.2d 1050 (Ind. Ct. App. 1999) (predecessor adherence to waiver principle for tardy filing)