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MILLS v. STATE

No. 385S82.

512 N.E.2d 846 (1987)

Samuel D. MILLS, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

September 10, 1987.

Attorney(s) appearing for the Case

Dale Allen, Deputy Public Defender, Valparaiso, for appellant.

Linley Pearson, Atty. Gen., Amy Shaeffer Good, Deputy Atty. Gen., Indianapolis, for appellee.

SHEPARD, Chief Justice.

Appellant Samuel D. Mills appeals his conviction for theft, a class D felony, Ind. Code § 35-43-4-2 (Burns 1985 Repl.), and finding as a habitual offender, Ind. Code § 35-50-2-8 (Burns 1985 Repl.). The trial court imposed a sentence of two years for the theft conviction enhanced by thirty years for the recidivist determination.

Mills raises four issues on direct appeal.

1) Whether the evidence of "intent to deprive...

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