JEFFREY Z. HAYDEN, Appellant-Defendant,
STATE OF INDIANA, Appellee-Plaintiff
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APPEAL FROM THE MORGAN CIRCUIT COURT. The Honorable Matthew G. Hanson, Judge. Cause No. 55C01-1310-FB-1345.
ATTORNEY FOR APPELLANT: GLEN E. KOCH II, Boren, Oliver & Coffey, LLP, Martinsville, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, J.T. WHITEHEAD, Deputy Attorney General, Indianapolis, Indiana.
BAILEY, Judge. NAJAM, J., and PYLE, J., concur.
Jeffrey Z. Hayden (" Hayden" ) was convicted after a jury trial of Burglary, as a Class B felony, and was adjudicated to be a Habitual Offender. He now appeals.
We affirm in part, reverse in part, and remand with instructions.
Hayden raises four issues for our review:
I. Whether there was sufficient evidence to support Hayden's convictions for Burglary and Residential Entry;
II. Whether the trial court abused its discretion when it declined to adopt Hayden's proposed jury instruction defining the term " dwelling" ;
III. Whether the trial court abused its discretion when it ruled as inadmissible hearsay certain testimony Hayden proffered; and
IV. Whether the charging information lacked specificity as to certain alleged facts, such that Hayden could not receive a fair trial.
We raise sua sponte whether certain of the charges for which Hayden was convicted must be vacated under double jeopardy principles.
Facts and Procedural History
On October 9, 2013, Hayden and several other individuals were observed by Ross Pierson (" Ross" ) while they were removing items from a residence held in a life estate by Ronald Pritchard (" Ronald" ) in Mooresville. Ronald had not actively occupied the residence for about a year because he had been hospitalized and was later placed in a nursing home for treatment. (Tr. at 294.) The house had been owned continuously by at least one member of the Pritchard family since 1947. Ronald's nephew, Paul Pritchard (" Paul" ) continued to maintain the exterior of the home. Electrical service remained in place for the residence. Ronald continued to receive mail at the residence, and one of Ronald's friends would routinely retrieve mail for him.
Ross knew that Hayden did not own or live in the house, and stopped to take photographs. Hayden eventually saw Ross taking photographs, and began to gesture to Ross that he would put back the items he had removed from the home so that Ross would not call police.
By this time, Ross had already contacted his father, Bradley Pierson (" Bradley" ) who lived on land adjacent to the Pritchard residence. Bradley called 911 while attempting to prevent Hayden and the others from driving away, and Ross continued to take photographs and video.
Hayden and the others drove away from the Pritchard house. Bradley informed police of Hayden's direction of travel. Hayden was eventually blocked off and taken into custody.
On October 10, 2013, the State charged Hayden with Burglary, as a Class B felony, and Theft and Residential Entry, both as Class D felonies.
On October 29, 2013, the State amended the charging information, adding an allegation that Hayden was a Habitual Offender. The charging information was amended twice more before trial, with revisions to the charges to make them more specific as to the location of the alleged offenses and the identity of the alleged victim.
From January 27 to January 29, 2014, a jury trial was conducted. At the conclusion of the trial, the jury found Hayden guilty as charged. Hayden subsequently admitted to being a Habitual Offender.
On February 28, 2014, the trial court entered judgment of conviction against Hayden as to Burglary, and sentenced him to twelve years imprisonment, enhanced by twelve years as ...