State v. Fisher

Defendant seeks reversal of his convictions of attempted burglary in the first degree, burglary in the second degree and two counts of theft in the first degree. Defendant makes three assignments of error: (1) that the trial court erred in submitting the indictment to the jury, (2) that there was insufficient evidence to support the conviction of attempted burglary in the first degree, and (3) that the guilty verdicts of burglary in the second degree and the two counts of theft in the first degree should have been merged for one conviction and sentence. We reverse and remand.

Relying on State…