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MORRIS v. STATE

No. 02A03-0905-CR-210.

921 N.E.2d 40 (2010)

Roger L. MORRIS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

February 9, 2010.

Attorney(s) appearing for the Case

John S. Nimmo, Fort Wayne, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Gary Damon Secrest, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

CRONE, Judge.

Case Summary

Roger L. Morris appeals his conviction for class D felony theft and habitual offender finding. We find the dispositive issue to be whether the trial court erred by failing to instruct the jury on conversion as a lesser-included offense of theft. We reverse and remand for retrial.

Facts and Procedural History

On December 31, 2008, J.C. Penney loss prevention supervisor Kimberly Blair was monitoring...

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