State v. Smith

STEWART, Presiding Judge.

A jury found defendant guilty of burglary in the second degree. The court found defendant to be a persistent offender and entered judgment sentencing him to eight years imprisonment.

*670Defendant contends that the information was insufficient to charge that he was a persistent offender, that the evidence was insufficient to prove the ownership of the premises and that a portion of the State’s argument was prejudicially erroneous.

At approximately 1:30 AM on June 29, 1979, a police officer on routine patrol heard glass breaking. He then saw defendant coming through a broken…