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BYRD v. STATE

No. 79A04-9006-CR-269.

605 N.E.2d 231 (1992)

John Eugene BYRD, a/k/a Merlin Eugene Byrd, a/k/a John Eugene Lambert, Appellant-Defendant below, v. STATE of Indiana, Appellee-Plaintiff below.

Court of Appeals of Indiana, Third District.

December 30, 1992.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Teresa D. Harper, Deputy Public Defender, Office of Public Defender, Indianapolis, for appellant.

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

STATON, Judge.

John Byrd was convicted of theft and receiving stolen auto parts, Class D felonies.2 He was also adjudged to be an habitual offender.3 Byrd presents six issues for appellate review:

I. Whether the trial court erroneously refused Byrd's tendered instruction on circumstantial evidence. II. Whether there is sufficient evidence to support Byrd's convictions of theft and receiving...

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