Posey v. State

GARRARD, Judge.

A jury convicted Posey of Robbery While Armed, a Class B felony, and of being an habitual offender.

He asserts the court erred in the habitual offender phase of his trial by allowing into evidence “repeater sheets” which bore his fingerprints and a fingerprint card taken on Posey’s arrest for a robbery in 1982. (A fingerprint expert utilized these exhibits to express the opinion that Posey was the same person who had been convicted of the two prior offenses.) Posey contends these exhibits were surplusage.

We do not agree. The state was required to establish that the person on…