Smith v. State

GIVAN, Justice.

A jury trial resulted in the conviction of appellant for Burglary, a Class C felony, and Theft, a Class D felony. He received a five (5) year sentence, which was enhanced by thirty (80) years by reason of a finding that appellant was an habitual offender.

The facts are: On June 17, 1985, Darrell Bales, owner of Bales Butcher Shop, located at 106 East Main Street in Syracuse, Indiana, found that the glass door to his shop was broken and that several packages and cartons of cigarettes were missing from the shop, along with approximately fifty dollars in quarters, dimes and nickels.