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GRAY v. STATE

No. 49A02-0302-CR-135.

797 N.E.2d 333 (2003)

Frank E. GRAY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

October 17, 2003.

Attorney(s) appearing for the Case

Kurt A. Young, Nashville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

KIRSCH, Judge.

After a bench trial, Frank E. Gray was convicted of theft1 as a Class D felony and burglary2 as a Class C felony and was adjudged to be a habitual offender. He now appeals, arguing that the evidence supporting his convictions was insufficient because a fence enclosing a car lot is not a structure within the meaning of IC 35-43-2-1, and there was no evidence of a breaking or...

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