Aschliman v. State

ON PETITION FOR TRANSFER

KRAHULIK, Justice.

This matter is before us on Aschliman's Petition for Transfer from the Court of Appeals' affirmance of his conviction for theft and the finding that he was an habitual offender. Aschliman v. State (1991), Ind.App., 578 N.E.2d 759. The only issue Aschliman raises in his petition is whether the trial court erred in refusing his tendered instruction on criminal conversion as a lesser-included offense of theft. Because we conclude that he was entitled to such an instruction, we grant transfer and order a new trial.

The facts relevant here are set out by…