Clark v. State

SHEPARD, Chief Justice.

The question presented is whether offenses committed a decade or so before the charged crime are so closely connected as to be admissible under “common scheme or plan.” We hold they are not.

Appellant Ernest L. Clark was tried before a jury and convicted of possession of more than three grams of heroin, a class C felony, Ind.Code § 35-48-4-6 (Burns 1985 Repl.), and possession of cocaine, a class D felony, Ind.Code § 35-48-4-6 (Burns 1985 Repl.). The jury also found Clark to be an habitual offender. Ind.Code § 35-50-2-8 (Burns 1985 Repl.).

The trial court sentenced Clark…