People v. Carlyle

Defendant-appellant Lester Carlyle was convicted of felony theft after a jury trial in the Circuit Court of Clay County, and was sentenced to three to nine years in the penitentiary. On appeal, he raises two issues: that he was denied effective assistance of counsel by a per se conflict of interest, and that he was denied a fair trial by the court’s failure, sua sponte, to instruct the jury as to the element of unauthorized control required to prove the offense of theft. Finding both contentions meritless, we affirm.

Both the defendant and his accomplice, Ernest Gragert, were represented…