State v. Northington

STEELMAN, Judge.

Where there was positive evidence as to each and every element of felonious possession of stolen property and felonious breaking and entering, the trial court did not err by denying defendant’s request for instructions on lesser included offenses. Where both Class H and Class I felonies carry two sentencing points for the computation of defendant’s prior felony record level, the trial court’s designation of an out-of-state conviction as a Class H felony was not prejudicial. Where possession of marijuana with the intent to sell and deliver and possession of a firearm by a felon…