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BURWELL v. STATE

No. 49A02-8703-CR-107.

524 N.E.2d 817 (1988)

Melvin J. BURWELL, Appellant (Defendant below), v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

June 30, 1988.

Attorney(s) appearing for the Case

Stephen A. Gross, O'Dell, Gaston & Gross, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Jay Rodia, Deputy Atty. Gen., Indianapolis, for appellee.

SULLIVAN, Judge.

Melvin J. Burwell appeals his conviction for theft, a class D felony,1 claiming insufficiency of the evidence.

We affirm.

Burwell was brought to trial on two charges of theft arising from two separate incidents. Count I was dismissed pursuant to Ind. Rules of Procedure, Trial Rule 41(B). We need not accept the State's invitation to consider the evidence submitted on that count, which the State describes...

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