Vestal v. State

On Petition to Transfer

DICKSON, Justice.

The defendant, Richard Vestal, was convicted of burglary as a class C felony1 and theft as a class D felony.2 On appeal, the Court of Appeals rejected the defendant’s double jeopardy claim but remanded for an indigency hearing to determine responsibility for payment of costs. Vestal v. State, 745 N.E.2d 249 (Ind.Ct.App.2001). The defendant seeks transfer. Pursuant to Ind.Appellate Rule 58(A),3 we grant transfer vacating Part I of the opinion of the Court of Appeals but summarily affirming Part II of its opinion.

Citing Richardson v. State, 717 N.E.2d 32…