Graves v. State

SHEPARD, Justice.

Alfonzo Graves was charged with robbery, a class A felony, Ind.Code § 85-42-5-1 (Burns 1984 Supp.), and a jury found him guilty of the lesser included offense of theft, a class D felony, Ind.Code § 85-48-4-2 (Burns 1984 Supp.). The Court of Appeals reversed the conviction, finding that the admission of a book containing undisguised "mug shots" was unduly prejudicial. Graves v. State (1985), Ind.App., 482 N.E.2d 1169.

The State filed a petition for rehearing, together with affidavits of the trial judge and court reporter attesting that the photographs in question had not been…