State v. Shubert

CLARK, Judge.

Mitchell Jay Shubert was convicted by a jury of the offenses of second degree burglary, stealing and auto theft and he was sentenced to consecutive terms totaling twenty-three years. On this appeal, he seeks reversal of the convictions contending (1) the trial court erred in failing to instruct the jury on the special negative defense of claim of right, (2) joinder of the burglary and auto theft counts should not have been allowed, and (3) the trial court erred in denying a motion of defense counsel for leave to withdraw.

Although sufficiency of the evidence is not an issue raised…