Whitacre v. State

HUNTER, Justice.

The defendant, Jeffery Allen Whitacre, was convicted of forgery, a class C felony, Ind. Code § 35-43-5-2 (Burns 1979 Repl.) and was found to be an habitual offender, Ind. Code § 35-50-2-8 (Burns 1979 Repl.). He was sentenced to concurrent terms of five and thirty years respectively. His appeal raises the following issues:

1. Whether the trial court erred in refusing to grant defendant’s motion for continuance filed one day prior to the trial;

2. Whether the trial court erred in refusing to give one of defendant’s tendered instructions and in giving an allegedly erroneous…