MOTT v. STATE

No. 38S00-8706-CR-553.

547 N.E.2d 261 (1989)

Jerry MOTT, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

December 13, 1989.


Attorney(s) appearing for the Case

Stephen D. Clase, Anderson, for appellant.

Linley E. Pearson, Atty. Gen. and Richard C. Webster, Deputy Atty. Gen., Indianapolis, for appellee.


DeBRULER, Justice.

Appellant was convicted by a jury of theft, a Class D felony, I.C. 35-43-4-2, and received a four-year sentence. This sentence was then enhanced by thirty years after the jury found the appellant to be a habitual offender, I.C. 35-50-2-8, resulting in a total sentence of thirty-four years. The evidence presented which tended to support the conviction showed that Marvin May gave Tim Gray permission to come onto his farm to cut up and cart away some...

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