Muse v. State

HUNTER, Justice.

The defendant, Cecil Leon Muse, was found guilty of theft, a class D felony, Ind.Code § 35-43-4-2 (Burns 1979 Repl.) and of being an habitual offender, Ind.Code § 35-50-2-8 (Burns 1979 Repl.). He was sentenced to concurrent terms of two years and thirty years respectively and now raises the following issues in this direct appeal:

1. Whether the evidence was sufficient to sustain the jury’s verdict on the count of theft;

2. Whether the trial court erred by failing to read certain final instructions to the jury on the habitual offender count; and

3. Whether it was fundamental error…