Wales v. State

768 N.E.2d 513, 2002 Ind. App. LEXIS 798, 2002 WL 1056401
CourtIndiana Court of Appeals
DecidedMay 28, 2002
Docket31A01-0107-CR-279
StatusPublished
Cited by31 cases

This text of 768 N.E.2d 513 (Wales v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wales v. State, 768 N.E.2d 513, 2002 Ind. App. LEXIS 798, 2002 WL 1056401 (Ind. Ct. App. 2002).

Opinion

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Following a jury trial, Eric Wales was convicted of Robbery, as a Class C Felony, and of being an Habitual Offender. The trial court sentenced Wales to serve an aggregate term of twelve years. Wales

now appeals.

We affirm.

ISSUES

Wales presents the following issues for review:

1. Whether the trial court erred when it admitted evidence of Wales' 1985 robbery conviction?
2. Whether the officers' initial seizure of Wales - violated the Fourth *517 Amendment to the United States Constitution?
3. Whether Wales' counsel was ineffece-tive in violation of the Sixth Amendment to the United States Constitution?
4. Whether the pretrial identification of Wales violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution?

FACTS AND PROCEDURAL HISTORY

In November of 2000, Deanna Sheets was working behind the counter at the Holiday Inn Express in Corydon, Harrison County. At approximately 10:00 p.m., a black male entered the hotel, walked to the counter, showed Sheets a handgun and stated, "This is a robbery." Sheets took cash out of the register and gave it to the man. The perpetrator warned Sheets not to go to the door or window in an attempt to see his vehicle and then left. Sheets called 911 and described the perpetrator as a black male of large build wearing a baseball cap with a Tommy Hilfiger logo, an olive green shirt, blue jeans, new brown work boots, and a black leather coat.

Officer Jeffrey Firkins and Sergeant Doug Standiford of the Floyd County Police Department heard a dispatch describing the robbery of the Holiday Inn Express in Harrison County. The dispatch described the suspect as a heavy set, black male wearing a Tommy Hilfiger baseball cap, a black leather coat and blue jeans. Officer Firkins and Sergeant Standiford positioned themselves along Interstate 64 and observed traffic coming out of Harrison County. The officers estimated it would take ten to fifteen minutes for a vehicle to reach their location from the Corydon area. The officers observed several black persons driving vehicles past them, but none fit the dispatch description. They eventually stopped Wales, who was driving a yellow Cadillac. Officer Firkins testified that they stopped Wales because he was a black male, had a "round face," and appeared to be wearing a black leather jacket. In addition, Officer Firkins recalled hearing a dispatch from the previous day where a robbery suspect in another county was observed leaving the scene in a yellow Cadillac.

After the officers apprehended Wales, Captain Todd Heavrin of the Floyd County Police Department arrived at the seene and decided to have Sheets come to the scene for a possible identification. Detective Roy Wiseman of the Harrison County Police Department transported Sheets to the scene. In route, Detective Wiseman told Sheets the police had detained a suspect that matched her description. He also informed Sheets that if she could not identify Wales as the perpetrator, he would be let go. Sheets positively identified Wales, and the officers arrested him. The officers' subsequent search of Wales revealed a large amount of cash and a handgun. 1 Additional facts will be provided as necessary.

DISCUSSION AND DECISION

Issue One: Evidence of Wales' 1985 Robbery Conviction

Wales first asserts that the trial court erred when it allowed the State to impeach him with evidence of a 1985 robbery con-viection in violation of Indiana Rule of Eivi-dence 609(b). Specifically, Wales argues that: (1) contrary to the court's ruling, he did not open the door to admission of his previous conviction; (2) the State failed to provide him with prior notice of its intent *518 to use the evidence as required by Rule 609(b); and (8) the trial court failed to engage in a balancing of the evidence's probative value against its potential prejudicial effect in violation of Rule 609(b). Wales further claims that his conviction should be reversed because evidence of his 1985 robbery conviction influenced the jury's verdict. We address these arguments in turn.

Indiana Rule of Evidence 609 provides, in relevant part:

(a) General Rule. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime or an attempt of a crime shall be admitted but only if the crime committed or attempted is (1) murder, treason, rape, robbery, kidnapping, burglary, arson, criminal confinement or perjury; or (2) a erime involving dishonesty or false statement.
(b) Time Limit. Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or, if the conviction resulted in confinement of the witness then the date of the release of the witness from the confinement unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and cireumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than ten years old as calculated herein is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.

Unlike Indiana Rule of Evidence 403, which favors the admissibility of evidence, Rule 609(b) "presumes the exclusion of convictions more than ten years old." Scalissi v. State, 759 N.E.2d 618, 624 (Ind.2001) (citing 13 Roserr MinugR, JR, InpIana Practice, $ 609.202, 170 (1991). As our supreme court explained in Scalis-Si:

[The party seeking to admit such convictions must support the argument for probative value with specific facts and cireumstances upon which the trial court may base a finding of admissibility. In addition, the trial court must balance the probative value against the prejudicial effect of the old convictions on the record. We review this ruling under Rule 609(b) for an abuse of discretion.

759 N.E.2d at 624 (quotations and citations omitted).

In this case, during direct examination Wales' counsel asked him to talk about his "past record." 2 Wales explained that in 1990 he had a drug problem that caused him to commit a series of armed robberies over a period of a few days. Wales testified that he was "high" when he committed those crimes. He further stated that he felt guilty after committing the crimes and turned himself in to the police onee he realized he was a suspect. Wales stated that he spent time in prison for those crimes and received drug counseling in prison.

On cross-examination, the State questioned Wales about his drug problem that caused him to commit the crimes in 1990 and asked Wales specific questions about each charge of robbery that resulted from the crime spree.

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Bluebook (online)
768 N.E.2d 513, 2002 Ind. App. LEXIS 798, 2002 WL 1056401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wales-v-state-indctapp-2002.