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APPEAL FROM THE CLARK CIRCUIT COURT. The Honorable Jerome F. Jacobi, Judge. Cause No. 10C02-1208-FA-068.
ATTORNEY FOR APPELLANT: JEFFREY D. STONEBRAKER, Clark County Chief Public Defender, Jeffersonville, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; BRIAN REITZ, Deputy Attorney General, Indianapolis, Indiana.
BAILEY, Judge. ROBB, J., and BROWN, J., concur.
Jerome Sheckles (" Sheckles" ) was convicted of Dealing in Cocaine, as a Class A felony, and was adjudicated to be a Habitual Substance Offender. He now appeals.
Sheckles raises three issues for our review. We restate these as four issues:
I. Whether Sheckles was deprived of his right to a speedy trial under Criminal Rule 4(C);
II. Whether the trial court erred when it declined Sheckles's request to require the State to identify a confidential informant;
III. Whether Sheckles's rights under the Confrontation Clause of the Sixth Amendment to the United States Constitution were violated by certain evidentiary rulings; and
IV. Whether the State laid an adequate foundation under the " silent witness theory" for the admission into evidence of a video recording.
Facts and Procedural History
On April 20, 2012, Jeffersonville Police Department Detective Sergeant Dan Lawhorn (" Detective Lawhorn" ) was working with a confidential informant during an investigation of drug activity near a housing complex in Jeffersonville. After searching the informant and wiring the informant with surveillance equipment, including audio and video recorders, Detective Lawhorn drove the informant to a shopping center, where the informant had agreed to attempt to purchase cocaine from individuals previously unknown to the informant. Other officers monitored the scene.
The informant approached two men who were standing together; one of these men was Sheckles. The informant purchased .17 grams of cocaine from Sheckles and the other man. In the course of investigations later in the year, police arrested Sheckles.
On August 27, 2012, Sheckles was charged with Dealing in Cocaine and Possession of Cocaine, as a Class B felony. The State also alleged Sheckles to be a Habitual Substance Offender.
Sheckles's case had originally been set for trial on December 11, 2012; the trial date came and went, but no trial occurred. On May 29, 2013, Sheckles and the State agreed to a trial date of September 17, 2013 in this case, which was taken in order to coordinate trials in this case and another matter pending against Sheckles. On August 15, 2013, as a result of a scheduling conflict, the trial court sua sponte reset the case for a trial on October 15, 2013.
On September 4, 2013, Sheckles filed a motion to continue the trial, and a trial date of ...