Pitts v. State

RATLIFF, Judge.

STATEMENT OF THE CASE

Arthur Pitts appeals from his jury conviction of theft, a class D felony, 1 and from his sentence as an habitual offender. 2 Because the trial court has granted Pitts a new sentencing hearing on the habitual offender count, we face now only the jurisdictional aspect of that issue. We affirm the remaining part of the trial court’s judgment which is final.

FACTS

Appellant Pitts drove away from Brid-well Auto Sales in Bedford, Indiana, in a 1969 four-door bronze Cadillac with a black vinyl roof, ostensibly for the purpose of discussing its purchase with his…