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BROWN v. STATE

No. 82A01-9106-CR-175.

580 N.E.2d 329 (1991)

Donald K. BROWN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

October 30, 1991.

Attorney(s) appearing for the Case

Dennis A. Vowels, Evansville, for appellant-defendant.

Linley E. Pearson, Atty. Gen., Preston W. Black, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.

ROBERTSON, Judge.

Donald K. Brown appeals his conviction of burglary and the determination that he is an habitual offender.

We affirm.

Brown raises three issues in this appeal:

(1) whether there is sufficient evidence to sustain the jury's determination that Brown burglarized a dwelling as charged in the information; (2) whether the trial court erred in refusing to instruct the jury on burglary as a class C felony; and,

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