Andrews v. State, No. 49S00-8607-CR-676
| Docket Nº | No. 49S00-8607-CR-676 |
| Citation | 536 N.E.2d 507 |
| Case Date | April 10, 1989 |
| Court | Supreme Court of Indiana |
Page 507
v.
STATE of Indiana, Appellee (Plaintiff Below).
Page 508
Charles A. Beck, Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen. and Amy Schaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.
DICKSON, Justice.
The defendant, Aaron Andrews, appeals his conviction for armed robbery and his habitual offender determination. Restated, he claims the following errors on appeal: (1) erroneous admission of habitual offender exhibits; (2) prosecutorial misconduct; (3) denial of right to confrontation; and (4) insufficient evidence of identity. We affirm.
Habitual Offender Exhibits
The defendant contends that the trial court erred in admitting over objection State's Exhibits 55 and 56 during the habitual offender phase. Both assertions rely upon his premise that there is insufficient evidence to link Exhibit 55, documentation of a prior felony by a person named Aaron Andrews, to the defendant herein. Exhibit 55 was a nineteen-page certified copy of prison records from Illinois for one Aaron Andrews, a/k/a Bobby Taylor.
Certified copies of judgments or commitments containing the same or similar name as the defendant's may be introduced to prove the commission of prior felonies. However, there must be other supporting evidence to identify the defendant as being the same person named in the documents. Gilliam v. State (1987), Ind., 509 N.E.2d 815; Coker v. State (1983), Ind., 455 N.E.2d 319. Identity may be proven by circumstantial evidence. Coker, 455 N.E.2d at 322. If the evidence yields logical and reasonable inferences from which the trier of fact may determine it was indeed the defendant who was convicted of felonies twice before, then sufficient connection has been shown. Id.
In response to a request from the Marion County Prosecutor's Office regarding Aaron Andrews, a/k/a Bobby Taylor, the supervisor of the Department of Corrections Microfilm for the State of Illinois sent certified documents for one Aaron Andrews Sheridan # 140 AKA Bobby Taylor Vienna A-50984. The papers contained a cover sheet certification of the records and other pertinent identification. The certified records identified Aaron Andrews aka Bobby Taylor, a black male with a birthdate of 3/1/48, who was first received at the Joliet, Illinois, correctional institution on 9-7-73 and given the number 75075. He was later housed at the Sheridan, Illinois, correctional facility under # 140, then transferred to the Dwight, Illinois, correctional center on 6-17-74. He had been convicted of the offenses of jumping bail and armed robbery, sentenced on 3/31/73 to one day to one year and one day and 4-8 years respectively. He was paroled on 6/24/75. The records relating to Bobby Taylor, aka Aaron Andrews, a resident at the Vienna, Illinois, correctional facility, described a black male with a birthdate of 3/1/48, number C-50984, convicted of the offense of armed robbery, sentenced on 11-20-75 to 5-10 years. The records also contained photographs of an individual with an identification plate showing ISP Joliet, 75075, 9-7-73; photographs of an individual with an identification plate for Dwight, 5282, 6-17-74; and identification information attached thereto for a black male with a birthdate of 3/1/48, wt. 180 pounds, ht. 5' 11", dark complexion, serving a sentence of 4-8 years for armed robbery, who was transferred from Sheridan; and photographs of an individual with an identification plate for Illinois Dept. of Corrections, Vienna, C 50984, 7-23-79, and fingerprints.
Exhibit 56 contained a cover sheet certification by the Vienna Correctional Center in Illinois for one Bobby Taylor C50984. The records included a fingerprint card and photographs identifying the inmate Bobby Taylor, aka Aaron Andrews, as a black male, having a medium build, dark complexion, brown eyes, black hair, ht. 6 ft., wt. 183 pounds, date of birth 3/1/48, born in Mississippi, charged with armed robbery
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and armed robbery, sentenced to 5-10 years and 4-8 years, respectively. Photographs included for this person identified him as Illinois Dept. of Corrections, Vienna, C50984, 11-16-77, with a second set of photographs taken on 7-23-79.The defendant's driver's license found by police in the wallet he dropped at the bank during the robbery was of a black male, birthdate of 3/1/48, ht. 6 ft., wt. 185, brown eyes, and black hair. The jury was able to compare the descriptions and photographs contained in Exhibits 55 and 56 with the defendant's driver's license and the defendant himself, present in the courtroom during the trial. A fingerprint expert also identified the fingerprints on the...
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Wisehart v. State, No. 48S00-9005-PD-378
...objected to the photo array on the grounds that a mug-shot was prejudicial. "Mug shots are not per se inadmissible." Andrews v. State, 536 N.E.2d 507, 509 (Ind.1989). They are admissible if (1) they are not unduly prejudicial and (2) they have substantial independent probative value. Cason ......
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Bardonner v. State, No. 29A04-9107-CR-225
...misconduct placed the defendant in a position of grave peril to which he should not have been subjected. Andrews v. State (1989), Ind., 536 N.E.2d 507; Burris v. State (1984), Ind., 465 N.E.2d 171, cert. denied (1985), 469 U.S. 1132, 105 S.Ct. 816, 83 L.Ed.2d 809; Maldanado v. State (1976),......
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Hernandez v. State, No. 46S00-9702-CR-110.
...may be introduced to prove the commission of prior felonies. Schlomer v. State, 580 N.E.2d 950, 958 (Ind.1991) (citing Andrews v. State, 536 N.E.2d 507 (Ind.1989)). While there must be supporting evidence to identify the defendant as the person named in the documents, the evidence may be ci......
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Willoughby v. State, No. 49S00-9301-CR-00005
...than the degree of the impropriety of the conduct. Bellmore v. State (1992), Ind., 602 N.E.2d 111, 120; Andrews v. State (1989), Ind., 536 N.E.2d 507, In the present case, the record quite simply does not support Willoughby's suggestion that these questions amount to prosecutorial misconduc......
-
Wisehart v. State, No. 48S00-9005-PD-378
...objected to the photo array on the grounds that a mug-shot was prejudicial. "Mug shots are not per se inadmissible." Andrews v. State, 536 N.E.2d 507, 509 (Ind.1989). They are admissible if (1) they are not unduly prejudicial and (2) they have substantial independent probative value. Cason ......
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Bardonner v. State, No. 29A04-9107-CR-225
...misconduct placed the defendant in a position of grave peril to which he should not have been subjected. Andrews v. State (1989), Ind., 536 N.E.2d 507; Burris v. State (1984), Ind., 465 N.E.2d 171, cert. denied (1985), 469 U.S. 1132, 105 S.Ct. 816, 83 L.Ed.2d 809; Maldanado v. State (1976),......
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Hernandez v. State, No. 46S00-9702-CR-110.
...may be introduced to prove the commission of prior felonies. Schlomer v. State, 580 N.E.2d 950, 958 (Ind.1991) (citing Andrews v. State, 536 N.E.2d 507 (Ind.1989)). While there must be supporting evidence to identify the defendant as the person named in the documents, the evidence may be ci......
-
Willoughby v. State, No. 49S00-9301-CR-00005
...than the degree of the impropriety of the conduct. Bellmore v. State (1992), Ind., 602 N.E.2d 111, 120; Andrews v. State (1989), Ind., 536 N.E.2d 507, In the present case, the record quite simply does not support Willoughby's suggestion that these questions amount to prosecutorial misconduc......