Weatherford v. State

I respectfully dissent.

When - applying - Ind.Code - 835-8-8-1,1 [hereinafter referred to as the previous habitual offender statute], which is applicable here, our supreme court has "consistently held that proof of a third felony conviction is surplusage under the requirements of the habitual offender statute." Harmer v. State (1983), Ind., 455 N.E.2d 1139, 1141, citing Jessup v. State (1971), 256 Ind. 409, 269 N.E.2d 374 (defect in proof on habitual count charging defendant with having been previously convicted of burglary was moot, when defendant was shown to have been convicted of two other…