Mills v. State

SHEPARD, Chief Justice.

Appellant Samuel D. Mills appeals his conviction for theft, a class D felony, Ind. Code § 35-48-4-2 (Burns 1985 Repl.), and finding as a habitual offender, Ind.Code § 35-50-2-8 (Burns 1985 Repl). The trial court imposed a sentence of two years for the theft conviction enhanced by thirty years for the recidivist determination.

Mills raises four issues on direct appeal.

1) Whether the evidence of "intent to deprive" is sufficient to sustain the conviction;

2) Whether the thirty-two-year sentence for a nonviolent theft is unconstitution- ~ ally disproportionate in violation…