Miller v. State

GIYAN, Justice.

A jury trial resulted in appellant’s conviction of Burglary, a Class A felony, for which he received a sentence of thirty-five (35) years.

The facts are: On the evening of November 14, 1987, Elaine Bailey received a telephone call from appellant at her home in South Bend. Bailey and appellant had lived together for several years, but Bailey had broken off the relationship and appellant had moved out. Appellant asked Bailey whether she was sleeping with someone. She said no and hung up. Bailey then fell asleep on the couch.

While Bailey was on the couch, she heard the sound of…