SPENCE v. STATE (2025)

MEMORANDUM DECISION

Statement of the Case

[1] Donald Spence appeals his adjudication as an habitual offender, contending the evidence was insufficient. Finding the evidence sufficient, we affirm.

Facts and Procedural History

[2] In February 2023, the State charged Donald Spence with Level 2 felony dealing in methamphetamine, Level 3 felony possession of methamphetamine, and Class C misdemeanor possession of paraphernalia. The State later alleged Spence is an habitual offender. At the guilt phase, Spence was identified by his date of birth and the last four digits of his social security number. A jury found Spence guilty of the Level 3 felony and the misdemeanor, and he agreed to a bench trial on the habitual offender enhancement.

[3] During the habitual phase, the State presented evidence of a prior conviction of Class D felony operating a vehicle while intoxicated with a prior conviction in cause number 79E01-8905-CF-234 (“CF-234”). The State also presented evidence of a prior conviction of Class C felony carrying a handgun by a convicted felon in cause number 79D02-0506-FC-57 (“FC-57”). Following the presentation of evidence by the State and argument by counsel, the trial court determined that Spence is an habitual offender. Spence now appeals that determination.

Discussion and Decision

[4] When we review a challenge to the sufficiency of the evidence, we neither reweigh the evidence nor judge the credibility of the witnesses. Sandleben v. State, 29 N.E.3d 126, 131 (Ind. Ct. App. 2015), trans. denied. Instead, we consider only the evidence most favorable to the judgment and any reasonable inferences drawn therefrom. Id. If there is substantial evidence of probative value from which a reasonable fact-finder could have found the defendant guilty beyond a reasonable doubt, the judgment will not be disturbed. Labarr v. State, 36 N.E.3d 501, 502 (Ind. Ct. App. 2015).

[5] In order to find that Spence is an habitual offender, the State had to prove beyond a reasonable doubt that he had been convicted of two prior unrelated felonies and that at least one of the prior felonies is a Level 5 or Class C felony or above. See Ind. Code § 35-50-2-8(b) (2017); see also Appellant's App. Vol. II, p. 18. Spence alleges the State's evidence was insufficient to prove beyond a reasonable doubt that he was the offender in either of the prior cases introduced by the State.

[6] “To adjudicate a defendant an habitual offender, the State must sufficiently connect the defendant to the prior felony convictions alleged in the information.” Lyons v. State, 244 N.E.3d 471, 472 (Ind. Ct. App. 2024). Concerning the proof utilized to connect a particular defendant to a prior conviction, our courts have stated that

[c]ertified copies of judgments or commitments containing a defendant's name or a similar name may be introduced to prove the commission of prior felonies. However, there must be supporting evidence to identify the defendant as the person named in the documents. This proof of identity may be in the form of circumstantial evidence. If the evidence yields logical and reasonable inferences from which the finder of fact may determine beyond a reasonable doubt that it was [the] defendant who was convicted of the prior felony, then a sufficient connection has been shown.

Payne v. State, 96 N.E.3d 606, 611-12 (Ind. Ct. App.) (internal citations and quotations omitted), trans. granted, 102 N.E.3d 287, and trans. vacated, 99 N.E.3d 624 (Ind. 2018).

A. CF-234

[7] Here, the State presented certified copies of the charging information, summons, probable cause affidavit, plea agreement, and sentencing order for CF-234. See Ex. Vol. 3 Public, pp. 34-41 (Ex. 14). These documents contain the name Donald E. Spence, an address, date of birth, social security number, and driver's license number. See id.

[8] The date of birth in the CF-234 documents matches the date of birth used to identify Spence during the guilt phase. Id. at 34-37; Tr. Vol. 2, pp. 96-97. Further, the last four digits of the social security number in the CF-234 documents match the last four digits of the social security number by which Spence was identified during the guilt phase. Ex. Vol. 3 Public, pp. 34, 36-37 (Ex. 14); Tr. Vol. 2, p. 97.

[9] The State also introduced a certified copy of the record of the bureau of motor vehicles for Donald E. Spence. See Ex. Vol. 3 Confid., pp. 62-68 (Ex. 16). This record contains the identical date of birth and social security number/last four digits as contained in the records for CF-234 and testified to at trial. Id. at 62-63; Ex. Vol. 3 Public, pp. 34-37 (Ex. 14); Tr. Vol. 2, pp. 96-97. In addition, the driver record contains a driver's license number and address that match the certified records for CF-234, and the driver record lists the offense of operating while intoxicated with an offense date of May 8, 1989, in Tippecanoe County with the cause number 79E01-8905-CF-234. Ex. Vol. 3 Confid., pp. 63, 66 (Ex. 16); Ex. Vol. 3 Public, pp. 34, 35. This is the full cause number for Spence's prior D felony conviction in CF-234, and the offense and disposition dates contained in the driver record match the same dates in the certified documents for CF-234. Ex. Vol. 3 Confid., p. 66 (Ex. 16); Ex. Vol. 3 Public, pp. 34, 35, 38, 41 (Ex. 14).

[10] Further, the documents in CF-234 describe Spence as being six feet tall and 165 pounds, and two officers identified him during the guilt phase. Ex. Vol. 3 Public, p. 35 (Ex. 14); Tr. Vol. 2, pp. 83, 112. And the certified driving record provides similar physical descriptors of Spence: height of six feet one inch, weight of 190 pounds, blonde hair, and blue eyes. Ex. Vol. 3 Confid., p. 63 (Ex. 16).

B. FC-57

[11] With regard to FC-57, the State presented certified copies of the charging information, affidavit for probable cause, sentencing order, and abstract of judgment. See Ex. Vol. 3 Public, pp. 43-60 (Ex. 15). These documents contain the name Donald Edward Spence or Donald Spence as well as an address, date of birth, and driver's license number. See id. The date of birth in the documents for FC-57 matches the date of birth that was used to identify Spence during the guilt phase. Id. at 43-47, 49, 51; Tr. Vol. 2, pp. 96-97. That same date of birth is identified in the certified copy of the record of the bureau of motor vehicles for Donald E. Spence. Ex. Vol. 3 Confid., p. 63 (Ex. 16).

[12] Additionally, the driver's license number in the certified records for FC-57 is identical to the license number in the driver record. Ex. Vol. 3 Public, pp. 43-47, 49, 51 (Ex. 15); Ex. Vol. 3 Confid., p. 63 (Ex. 16). Further, Spence's address contained in the FC-57 records matches one of the addresses listed in the driver record. Ex. Vol. 3 Public, pp. 43-47, 49 (Ex. 15); Ex. Vol. 3 Confid., p. 66 (Ex. 16). And the affidavit for probable cause in FC-57 specifically refers to Spence's prior conviction in CF-234, stating the charge, full cause number, and disposition date. Ex. Vol. 3 Public, p. 50 (Ex. 15).

[13] In sum, the records of both prior convictions and the driver record all refer to either a Donald E. Spence or a Donald Edward Spence, and contain the same date of birth and the same driver's license number. Spence was identified by witnesses and observed by the court during the guilt phase, and his physical description was set forth in the certified records for CF-234 as well as the driver record. Additionally, the records of FC-57 and the driver record both refer to the conviction of CF-234. Accordingly, the State demonstrated a sufficient connection between the documents and Spence to yield a logical and reasonable inference from which the trier of fact could determine it was Spence who was convicted in the prior unrelated felonies. Spence's habitual offender adjudication is, therefore, affirmed.

[14] Affirmed.

Najam, Senior Judge.

Bailey, J., and Brown, J., concur.