Plummer v. State, 584S196
| Decision Date | 12 December 1985 |
| Docket Number | No. 584S196,584S196 |
| Citation | 485 N.E.2d 1367 |
| Parties | Keith Craig PLUMMER Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff. |
| Court | Indiana Supreme Court |
Hugh G. Baker, Jr., Indianapolis, for appellant-defendant.
Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.
This is a direct appeal from convictions rendered after a bench trial on two counts of criminal recklessness, a class C felony, Ind. Code Sec. 35-42-2-2 (Burns 1985 Repl.), on resisting law enforcement, a class D felony, Ind. Code Sec. 35-44-3-3(a)(3) (Burns 1985 Repl.), and from an habitual offender determination. Appellant Keith Craig Plummer received an eight year sentence on each criminal recklessness count and a four year sentence for resisting law enforcement, all to be served consecutively. The trial court also imposed a thirty year term for the habitual offender finding.
The sole issue presented by appellant is whether the State presented sufficient evidence to sustain the habitual offender determination. However, the State also raised the following two issues:
(1) Whether the trial judge's statement of aggravating circumstances complies with the specificity requirement, and
(2) Whether the trial judge imposed a separate sentence for the habitual offender determination.
These are the facts which tend to support the trial court's judgment. On June 15, 1983, Detectives Allan Simmons and Dennis Kraeszig were parked in an unmarked police car when they observed appellant speeding in his station wagon. The two detectives followed Plummer who was also disregarding stop signs. When appellant stopped for a traffic light, the detectives caught up with him. Detective Simmons directed appellant to remain stopped and identified himself as a police officer. Appellant then drove away. A high speed chase ensued, culminating in an accident in which injuries were sustained by several other persons. Plummer crawled out of his car window and ran. Police Officer Mark Kestler apprehended him in an alley near the accident scene.
Appellant argues that the trial court's determination that he is an habitual offender was erroneous. He claims that the State did not present sufficient evidence to establish two prior convictions for unrelated felonies.
To establish appellant's two prior unrelated felonies the State introduced five exhibits. Exhibits numbered one through three were certified court records which included the informations, judgments, sentence orders, and fingerprint exemplars for each of three different offenses (burglary & theft, escape, and interference with a fireman & obstruction of a police officer). Exhibit number four was comprised of certified prison records which included a photograph, a physical description of a Keith C. Plummer, fingerprints, a commitment order, judgment, and sentence order for both the burglary and escape charges. Fingerprint impressions which Officer Worland took from defendant on the day of the habitual offender hearing were entered in evidence as exhibit five.
Worland, a fingerprint examiner from the Indianapolis Police Department, also identified appellant in court as the man whose prints he took. Worland compared the fingerprints he took with the fingerprint exemplars from the prior conviction records and concluded that all of the fingerprints were made by Plummer.
Appellant acknowledges that these exhibits were properly admitted into evidence during the habitual offender proceedings. However, he argues that a presentation consisting solely of certified documents is insufficient to support an habitual offender determination. Plummer argues that all these exhibits are hearsay and then cites Morgan v. State (1982), Ind., 440 N.E.2d 1087, in which this Court held that parole evidence alone is insufficient as a basis for an habitual offender finding. This argument misses the...
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Golden v. State
...enhancement is not a separate sentence which is to be served either consecutively or concurrently with another sentence. Plummer v. State (1985), Ind., 485 N.E.2d 1367; Wilson v. State (1984), Ind., 465 N.E.2d 717. Thus, although the habitual offender finding is made subsequent to convictio......
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Williams v. State
...enhancement is not a separate sentence which is to be served either consecutively or concurrently with another sentence. Plummer v. State (1985) Ind., 485 N.E.2d 1367; Wilson v. State (1984) Ind., 465 N.E.2d 717. Thus, although the habitual offender finding is made subsequent to conviction,......
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Johnson v. State
...felony convictions, the trial judge must specify which felony is being enhanced by the habitual offender finding. Plummer v. State (1985), Ind., 485 N.E.2d 1367. Accordingly, this cause is remanded with instructions to correct the judgment for aiding robbery. The trial court is further orde......
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Greer v. State, 91S00-9512-CR-1384
...the resulting penalty enhancement upon only one of the convictions and must specify the conviction to be so enhanced. Plummer v. State, 485 N.E.2d 1367, 1369 (Ind.1985). However, a habitual offender finding is merely a jury's determination that, following a defendant's conviction for one or......