concurring in part and dissenting in part.
I fully concur with the majority's resolution of Issue II regarding the jury instructions, but I respectfully dissent from its holding that the probable cause affidavit and the testimony of Officer Adam constituted inadmissible hearsay evidence.
To constitute hearsay evidence, the evidence must be offered "to prove the truth of the matter asserted." Ind. Evidence Rule 801(c) Here, I do not believe the probable cause affidavit and the officer's testimony were offered to prove the truth of the matters therein; rather, I think that they were offered only to prove what was at issue in the 1994 reckless homicide proceeding. The conviction itself establishes the proof. Thus, as I see it, neither the probable cause affidavit, nor the officer's testimony, constitutes hearsay, and I would affirm the conviction.