SAPP v. STATE

No. 1185S459.

513 N.E.2d 178 (1987)

Timothy L. SAPP and David W. Frazier, Appellants, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied November 9, 1987.


Attorney(s) appearing for the Case

Timothy R. Dodd, Evansville, for Timothy L. Sapp.

Robert Canada, Evansville, for David W. Frazier.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Justice.

In a trial by jury, appellants were convicted of Burglary, a Class C felony, and Theft, a Class D felony, and were found to be habitual offenders. The court sentenced appellants to concurrent terms of thirty-two (32) years on the burglary count and thirty-two (32) years on the theft count.

The facts are: The Bowers Standard Service Station in Evansville closed at 10:00 p.m. on October 17, 1984. At 3:00 a.m., Larry Kuehn, a resident of the apartment...

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