State v. Tincher

WASSERSTROM, Senior Judge.

A jury found defendant guilty of burglary in the second degree, and the trial judge sentenced him to imprisonment for twelve years as a persistent offender. Defendant appeals, asserting as error: (1) insufficiency of the evidence; and (2) failure of the trial judge to find that defendant was a persistent offender prior to the submission of the case to the jury.

I

Sufficiency of the Evidence

In reviewing the sufficiency of the evidence, an appellate court considers the facts and all inferences therefrom in a light most favorable to the State and rejects all contrary…