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MUNFORD v. STATE

No. 49A02-0907-CR-653.

923 N.E.2d 11 (2010)

Thomas MUNFORD, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

March 10, 2010.

Attorney(s) appearing for the Case

Timothy J. O'Connor, O'Connor & Auersch, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Arturo Rodriguez, II, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Thomas Munford ("Munford") was convicted in Marion Superior Court of attempted theft. Munford appeals and presents four issues, which we consolidate and restate as: (1) whether the trial court's instruction regarding the defense of abandonment constituted fundamental error; and (2) whether the State presented sufficient evidence to disprove Munford's abandonment defense.

We affirm.

Facts and Procedural History

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