Gardner v. State

BAKER, Judge.

Appellant-defendant Richard L.C. Gardner contests his conviction for Burglary, a Class B felony 1 . Specifically, he argues that the trial court erred in: 1) holding a witness competency hearing without Gardner's presence thereby violating his constitutional right of confrontation, 2) denying Gardner's motion for continuance, 3) admitting testimony regarding other burglaries for which he was not charged, and 4) finding Gardner to be an habitual offender.

FACTS

On the morning of September 21, 1990, the home of Jane and Robert Myers was burglarized. The home was located in a…