Shane R. Bradtmiller v. State of Indiana

Vaidik, Chief Judge.

Case Summary

[1] Shane R. Bradtmiller appeals his habitual-offender finding, arguing that he did not personally waive his right to a jury trial for the habitual-offender enhancement. We agree. Although Bradtmiller personally waived his right to a jury trial on the underlying felonies, that waiver came before the State filed the habitual-offender enhancement. Contrary to the State's argument on appeal, Bradtmiller's waiver on the underlying felonies did not encompass a waiver on the yet-to-be filed habitual-offender enhancement. We therefore vacate Bradtmiller's…