Castner v. State

OPINION

SULLIVAN, Judge.

In this consolidated appeal, Appellant, David Castner, challenges his conviction for Reckless Possession of Paraphernalia as a Class D felony 1 and, under a separate cause, his conviction for Theft as a Class D felony. 2 Upon appeal, Castner claims that inadmissible evidence was used against him in both trials, that there was insuffi cient evidence supporting his possession conviction, and that his sentence on his possession conviction was improperly enhanced.

We affirm in part, reverse in part, and remand with instructions.

On June 24, 2003, at approximately 9:00 am.,…