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Pursuant to Ind.Appellate Rule 15(A)(3), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT:

FILED
Aug 12 2008, 9:21 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEYS FOR APPELLEE:

Deputy Public Defender Fort Wayne, Indiana

Attorney General of Indiana MATTHEW WHITMIRE Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
JAMES EARL BROWN, Appellant/Defendant, vs. STATE OF INDIANA, Appellee/Plaintiff. ) ) ) ) ) ) ) ) )

No. 02A04-0803-CR-161

APPEAL FROM THE ALLEN SUPERIOR COURT The Honorable John F. Surbeck, Jr., Judge Cause No. 02D04-0711-FB-168

August 12, 2008 MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

Following his convictions for Class B felony Burglary1 and Class D felony Receiving Stolen Property2 and the finding that he is a habitual offender, Appellant/Defendant James Earl Brown appeals from the finding that he is a habitual offender, contending that the trial court erroneously allowed the State to amend its charging information after the beginning of trial. We affirm. FACTS On the morning of November 19, 2007, Brown broke and entered the Fort Wayne home of David Jacobs, taking, inter alia, a jar of loose change and a .50 caliber muzzleloaded firearm with him when he left. Brown was soon apprehended in a nearby park and discovered to be in possession of the change jar and firearm. On November 27, 2007, the State charged Brown with Class B felony burglary and Class D felony receiving stolen property. On January 31, 2008, the State alleged that Brown was a habitual offender in a charging information that read, in relevant part, as follows: [T]he defendant did on or about the 23rd day of January, 1996, commit another unrelated felony criminal act, to wit: Resisting Law Enforcement, a Class D Felony and that said defendant was, in Cause No. 02D04-9601DF-47, convicted and sentenced for the commission of said felony, on the 16th day of July, 1996, by the Allen Superior Court, Fort Wayne, Indiana, being contrary to the form of the statute in such case made and provided. Appellant's App. p. 14.

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Ind. Code

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