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FOR PUBLICATION
ATTORNEY FOR APPELLANT: STEVEN KNECHT Indianapolis, Indiana ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

IN THE COURT OF APPEALS OF INDIANA
BRIAN J. WOODS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

Dec 29 2010, 9:35 am

CLERK

No. 79A02-1004-CR-418

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Les A. Meade, Judge Cause No. 79D05-0909-FD-488

December 29, 2010

OPINION - FOR PUBLICATION

ROBB, Judge

Case Summary and Issue Brian Woods appeals the trial court's determination that he is an habitual offender. For our review, Woods raises the sole issue of whether the State presented sufficient evidence to prove beyond a reasonable doubt that he is an habitual offender. Concluding there was sufficient evidence to find Woods is an habitual offender, we affirm. Facts and Procedural History On June 16, 2009, Woods began serving a one-year sentence on home detention. On August 8, 2009, Woods violated his home detention by leaving the premises without authorization. The State charged Woods with Class D felony escape and with being an habitual offender. On March 11, 2010, a jury found Woods guilty of escape. Woods then waived jury trial on the habitual offender charge. The State incorporated the evidence from the guilt phase into the habitual offender phase of the trial. The State also introduced into evidence State's Exhibits 4 and 5. State's Exhibit 4 consisted of certified copies of an Information, Affidavit of Probable Cause, Event and Case Reports, and a Sentencing Order in Cause No. 79D05-0212-FD-625 ("Cause 625") in which Woods was charged with escape for an incident occurring in Tippecanoe County on December 3, 2002. The sentencing order, dated March 14, 2003, does not bear the trial judge's signature. State's Exhibit 5 consisted of certified copies of an Information, Affidavit of Probable Cause, Event and Case Reports, and a Sentencing Order in Cause No. 79D020409-FC-79 ("Cause 79") in which Woods was charged with intimidation while armed with a deadly weapon for an incident occurring on September 29, 2004. Also in Cause 79, Woods

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was alleged to be an habitual offender based on a 2001 felony conviction in Illinois for aggravated unlawful failure to obey an order to stop and a felony conviction in Tippecanoe County for escape committed on December 3, 2002. He was sentenced in Cause 79 on May 18, 2005. Based on this evidence, the trial court found Woods to be an habitual offender. Woods now appeals the habitual offender determination. Discussion and Decision I. Standard of Review Upon a challenge to the sufficiency of the evidence for an habitual offender determination, the appellate court neither reweighs the evidence nor judges the credibility of the witnesses; rather, we examine only the evidence most favorable to the judgment, together with all of the reasonable and logical inferences to be drawn therefrom. See Parks v. State, 921 N.E.2d 826, 832 (Ind. Ct. App. 2010), trans. denied. The habitual offender

determination will be sustained on appeal so long as there is substantial evidence of probative value supporting the judgment. Id. II. Sufficiency of Evidence for Habitual Offender Determination A person is an habitual offender if the State proves beyond a reasonable doubt that he has two prior, unrelated felony convictions. Ind. Code

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