Livar v. State

DAVIS, Judge.

Edward Lee Livar challenges his conviction and sentence for petit theft, raising three issues on appeal. Because the trial court improperly instructed the jury, we reverse.

The State charged Livar with grand theft of an' automobile and petit theft of a check. At trial, after the State rested, the trial court granted Livar’s motion to dismiss the petit theft charge. However, during the charge conference, the State requested that the trial court instruct the jury on petit theft as a lesser included offense of grand theft of an automobile. Counsel for Livar objected, arguing that…