Harmon v. State
| Citation | 518 N.E.2d 797 |
| Decision Date | 04 February 1988 |
| Docket Number | No. 49S00-8701-CR-1,49S00-8701-CR-1 |
| Parties | Rodriquez HARMON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below). |
| Court | Supreme Court of Indiana |
William F. Thomas, Jr., Indianapolis, for appellant.
Linley E. Pearson, Atty. Gen., Amy Schaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.
Defendant-Appellant Rodriques Harmon was found guilty following a trial in the Marion Superior Court, of the crime of Robbery, a class B felony, and also was found to be a Habitual Offender. The only issue raised in this direct appeal is that the trial court's judgment of conviction on the habitual offender count is contrary to law and Rodriquez was denied due process of law because of a material variance between the allegations in the information and the evidence at trial.
The habitual offender count was filed by the State on December 3, 1985, and charged that Harmon had been convicted of larceny from the person on October 30, 1980, in the criminal court of Shelby County, Tennessee, and delivery of controlled substance on January 29, 1985, in the circuit court of Cook County, Illinois. There was no objection to the latter charge. Defense counsel objected on relevancy grounds when the State offered Exhibits No. 6 and 7. These were certified copies of the Tennessee State Prison records which tended to show Harmon entered a plea of guilty to the crime of larceny from the person on September 15, 1980, rather than October 30, 1980. The documents also demonstrated that a Mittimus Writ of Confinement was issued on the third Monday of September, 1980, and that these documents were certified by the Shelby County criminal court clerk on October 30, 1980. Harmon testified he entered a plea of guilty and was sentenced on September 15, 1980 to the crime of larceny from the person in the Tennessee court.
Harmon claims the variance between the dates in the information and those proven by the State's exhibits were material and fatal variances which require reversal of his conviction. We disagree. Harmon is correct that the habitual offender allegations must be charged in the same manner as a criminal offense. Sears v. State (1983), Ind., 456 N.E.2d 390, 393. Further, it is true that allegations of habitual criminal status must contain all the procedural matters and safeguards of the original and underlying charges, and set out facts sufficient and adequate for a defendant to defend himself and give him an opportunity to plead to such allegations. Griffin v. State (1982), Ind., 439 N.E.2d 160, 165.
The variance here is not shown to conflict with the holdings in either Griffin or Sears. The information charged commission of this crime on or...
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