McCormick v. State

The appellant, Cooper McCormick (McCormick), was charged with Second Degree Burglary, I.C. 35-13-4-4(b) (Burns Code Ed. 1975). 1 In a trial by the court, McCormick was convicted as charged and sentenced to a term of not less than two nor more than five years.

The following issues are presented for our review: (1) whether there was sufficient evidence of a breaking and an entering; (2) whether the act of breaking and entering a “truck” constitutes second degree burglary within the meaning of I.C. 35-13-4-4(b), and (3) whether the trial court lost jurisdiction over McCormick as a result of its…