Mundt v. State

MILLER, Judge.

Mark A. Mundt was convicted by jury of Attempted Burglary as a class B felony. A key part of the State's case was testimony by James R. Baird who was Mundt's accomplice in the attempted burglary. Mundt argues that because Baird's identity was a product of clean-up statements Mundt gave pursuant to his plea agreement, and because Mundt later withdrew his plea, Baird's testimony should be inad missible. We reject Mundt's "derivative evidence" rule and affirm the trial court's admission of Baird's testimony. Mundt also claims that there was insufficient evidence of his prior…