Jimmy Wallen, Jr. v. State of Indiana

RILEY, Judge.

STATEMENT OF THE CASE

[1] Appellant-Defendant, Jimmy Wal-len, Jr. (Wallen), appeals' his conviction of theft, a Class D felony, Ind.Code § 35^3-4-2 (2013).

[2] We affirm.

ISSUE

[3] Wallen raises one issue on appeal, which we restate .as follows: Whether the *330trial court abused its discretion by giving an improper jury instruction.

FACTS AND PROCEDURAL HISTORY

[4] On the afternoon of July 17, 2013, Robert Loop (Loop) was working as an asset protection associate at Walmart in Lafayette, Indiana, when he observed a man and woman — later identified as Wal-len and his girlfriend, Athena…