State v. Roberts

The relevant facts are undisputed. On May 8, 2006, defendant was charged by indictment with burglary and theft. The state did not allege any sentence enhancement facts in the indictment. On September 27, 2006, the day before trial, the state faxed to defense counsel a notice of its intention to seek an enhanced sentence on the basis of two enhancement facts: (1) that defendant was on post-prison supervision when he committed the offenses and, thus, that supervision had failed to deter him from further criminal activity; and (2) that defendant had been persistently involved in similar offenses. At trial the next day, defendant moved to strike the states notice as untimely, but the trial court denied the motion. After a trial to the court, defendant was found guilty as charged.