Gee v. State

PIVARNIK, Justice.

Defendant-Appellant Lewis R. Gee waived trial by jury and trial to the court resulted in his conviction for Burglary, for which he received a term of twenty (20) years, and Theft, for which he received a term of two (2) years, said terms to be served concurrently. Further, the trial judge found he was not an habitual criminal.

Two issues are presented for our review in this direct appeal:

1. trial court error in overruling Gee's Motion to Dismiss pursuant to Indiana R.Crim.P. 4(B)(1);, and

2. sufficiency of the evidence.

Evidence shows the victims, Victor and Suzanne Danielson,…