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Supreme Court rules on habitual-offender filing issue

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The Indiana Supreme Court has found that a man convicted of helping to rob a restaurant did not preserve the issue of whether the trial court properly determined he was a habitual offender that could receive an enhanced sentence.

In Jerrell D. White v. State, No. 15S01-1109-CR-545, the Supreme Court affirmed and reversed in part a decision about the state’s “tardy” habitual-offender filing in this robbery case.

Jerrell D. White waited in a car while his friend took cash from a restaurant register. White drove away and police arrested him two days later, charging him with Class C felony robbery, Class D felony theft, and Class D felony receiving stolen property. Before trial, the court allowed a late habitual-offender charge based on two out-of-state convictions for offenses White committed when he was 15 years old.

At trial, White represented himself with stand-by assistance from a public defender and the jury ultimately found him not guilty of robbery but guilty of theft and receiving stolen property. The jury determined he was a habitual offender, and the trial court sentenced him to three years on each conviction to be served concurrently. The judge also enhanced the sentence by 4.5 years because of his status as a habitual offender.

The Court of Appeals agreed with White’s double jeopardy argument and ordered the trial court to vacate the conviction of and sentence for receiving stolen property. The judges also agreed the evidence was insufficient to support the habitual-offender finding and ordered that it be vacated.

But four justices disagreed in part with the intermediate appellate panel. Justice Frank Sullivan dissented and wrote that he believed the Court of Appeals was correct in its decision.

Examining conflicting precedent on this issue during the past 25 years, the Supreme Court majority determined that the state didn’t articulate any grounds for good cause in requesting the belated habitual-offender charge and the trial court never explored that issue. However, White didn’t object, respond to the state’s filing, request a continuance or argue at trial that the state couldn’t file the tardy habitual-offender charge, so he didn’t preserve that argument, Justice Steven David wrote.

On the evidence sufficiency aspect, the justices disagreed with the Court of Appeals judges who determined additional evidence was required to prove White was tried and convicted in adult court in other states. David wrote that the jury determined the prosecutors proved beyond a reasonable doubt that White had two unrelated adult felony convictions, and that is sufficient.

The majority summarily affirmed the COA on the remaining issues and remanded with instructions to vacate the receiving stolen property conviction and sentence imposed thereon.

 

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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