SMITH v. STATE

No. 43S00-8602-CR-174.

508 N.E.2d 1279 (1987)

Erwin "Bo" SMITH, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 24, 1987.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, M.E. Tuke, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Justice.

A jury trial resulted in the conviction of appellant for Burglary, a Class C felony, and Theft, a Class D felony. He received a five (5) year sentence, which was enhanced by thirty (30) years by reason of a finding that appellant was an habitual offender.

The facts are: On June 17, 1985, Darrell Bales, owner of Bales Butcher Shop, located at 106 East Main Street in Syracuse, Indiana, found that the glass door to his shop was broken and that...

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