Burwell v. State

SULLIVAN, Judge.

Melvin J. Burwell appeals his conviction for theft, a class D felony,1 claiming insufficiency of the evidence.

We affirm.

Burwell was brought to trial on two charges of theft arising from two separate incidents. Count I was dismissed pursuant to Ind. Rules of Procedure, Trial Rule 41(B). We need not accept the State's invitation to consider the evidence submitted on that count, which the State describes as evidence of a common scheme or plan, in order to determine that the conviction for Count II was warranted. The evidence of record for Count II, standing alone, is sufficient.

Th…