Wales v. State

OPINION ON REHEARING

NAJAM, Judge.

Eric L. Wales petitions for rehearing in Wales v. State, 768 N.E.2d 513 (Ind.Ct.App.2002). In that opinion, we held, in part, that because Wales had opened the door to evidence of a 1985 conviction, the evidence of the conviction was nevertheless admissible even though the State did not give notice of intent to use the evidence and the trial court did not balance the evidence’s prejudicial effect and probative value as required under Indiana Evidence Rule 609(b). In his petition, Wales points out that we failed to address his alternative argument, that the…