SIMS v. STATE

No. CR 80-259.

613 S.W.2d 820 (1981)

Gerald SIMS, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

April 13, 1981.


Attorney(s) appearing for the Case

E. Alvin Schay, State Appellate Defender, Little Rock by Ray Hartenstein, Chief Deputy Appellate Defender, for appellant.

Steve Clark, Atty. Gen., by A. Carter Hardage, Asst. Atty. Gen., Little Rock, for appellee.


DUDLEY, Justice.

In a bifurcated hearing the appellant was found guilty of burglary and was sentenced to serve 30 years in prison as a habitual offender. While admitting that the evidence is sufficient to convict him of theft, the appellant appeals claiming that the evidence is insufficient to convict him of burglary.

A scenario of the facts is as follows: The appellant entered a Roadrunner service station and convenience store on Asher Avenue in Little Rock...

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