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MAY v. STATE

No. 28A05-0401-CR-47.

810 N.E.2d 741 (2004)

John D. MAY, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 23, 2004.

Attorney(s) appearing for the Case

Katharine C. Liell, Stacy R. Uliana, Liell & McNeil Attorneys PC, Bloomington, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Justin F. Roebel, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

VAIDIK, Judge.

Case Summary

John D. May appeals his conviction for burglary. Because the jury could have concluded that May broke and entered a building with intent to commit theft but did not commit theft, we conclude that May's conviction for burglary and acquittal on theft are not inconsistent. Also, we conclude that the evidence is sufficient to support May's conviction for burglary. However, because the trial court failed to follow...

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