WHITE v. STATE

No. 15A01-1008-CR-463.

944 N.E.2d 532 (2011)

Jerrell D. WHITE, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

March 9, 2011.


Attorney(s) appearing for the Case

Jeffrey E. Stratman , Aurora, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, J.T. Whitehead , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

BAKER, Judge.

The defendant herein was convicted of theft for stealing a cash register and cash from a restaurant. He was also convicted of receiving stolen property for divvying up that cash with his accomplice. We find that the two convictions violate the prohibition against double jeopardy. Additionally, we find that the State failed to prove beyond a reasonable doubt that the defendant was a habitual offender because one of his alleged prior...

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