State v. Roberts

In this criminal appeal, the issue is whether the state provided adequate notice to defendant of its intention to rely on certain sentence enhancement facts. We affirm.

The relevant facts are undisputed. On May 8, 2006, defendant was charged by indictment with burglary and theft. The state did not allege any sentence enhancement facts in the indictment. On September 27, 2006, the day before trial, the state faxed to defense counsel a notice of its intention to seek an enhanced sentence on the basis of two enhancement facts: (1) that defendant was on post-prison supervision when he committed…