Hester v. State

GIVAN, Justice.

A jury trial resulted in a conviction of appellant of Burglary, a Class B felony, and Theft, a Class D felony. Appellant was sentenced to twenty (20) years for the burglary and four (4) years for the theft, the sentences to run concurrently.

The facts are: On July 29, 1985, the home of James Lynch, in the city of Indianapolis, was burglarized. A green toolbox, some tools and a watch were taken from the residence. Ralph Galloway, who lived near the Lynch residence, observed a man push in a window and go into the Lynch home. When the man emerged from the backdoor carrying a green…