Weemes v. State

STATON, Judge.

James Weemes appeals his convictions of burglary, a class A felony,1 and two counts of criminal recklessness, a class D felony.2 He presents three issues for this court’s review:

I.Whether Weemes was entitled to a mistrial due to inappropriate judicial communication to the jury.

II.Whether Weemes’ burglary conviction is supported by sufficient evidence having probative value.

III.Whether Weemes was entitled to merger of his convictions of burglary and criminal recklessness (Count I).

We affirm in part, reverse in part, and remand.

At approximately 1:00 a.m. on February 17, 1993,…