Legal Opinion

Breaston v. State

Indiana Court of Appeals

Decided August 27, 2008No. 20A04-0712-CR-727PublishedCited by 3 opinions

1Opinion of the Court

OPINION

BRADFORD, Judge.

Appellant-Defendant Byron Breaston appeals his conviction, following a jury tri al, for Theft, 1 a Class D felony, and the finding that he was a habitual offender. Breaston raises numerous issues on appeal, which we restate as: (1) whether the trial court erred in denying Breaston’s request for a mistrial; (2) whether the evidence was sufficient to support the finding that he was a habitual offender; (3) whether the trial court erred in allowing the State to amend the habitual offender enhancement information; (4) whether the sentences resulting from separate findings…

2Cases cited24 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Taylor v. LouisianaSupreme Court of the United States · 1975
  4. Duren v. MissouriSupreme Court of the United States · 1979
  5. Anglemyer v. StateIndiana Supreme Court · 2007

19 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Breaston v. StateIndiana Supreme Court · 2009
  2. Springer v. StateIndiana Court of Appeals · 2011
  3. Michael L. Gillam v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2019

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