State v. Cox

MEMORANDUM DECISION

ROTH, Judge:

T1 Michelle Ann Cox appeals from her convictions for forgery and theft by deception on the basis that Jury Instruction 33 unconstitutionally shifted the burden of proof for an element of each of the crimes to the defense. She also asserts that the theft by deception conviction should have been sentenced as a class B misdemeanor rather than as a class A misdemeanor. We affirm the convictions but remand for resentencing on the theft by deception offense.

12 Cox did not preserve the jury instruction issue in the trial court, and therefore she challenges it under the…