State v. Latimer

OPINION

HATHAWAY, Judge.

Appellant and his codefendants, Tyrone Tucker and Jerry Jannsen, were originally indicted on 13 counts arising out of an incident in which the victim, Jannsen’s mother, was severely beaten with a hammer during the course of a burglary and theft in her office/apartment. Appellant entered into a plea agreement, pursuant to which he agreed to testify at Jannsen’s trial. When he invoked the fifth amendment at that trial, the state withdrew from the agreement and proceeded to trial.

In his first trial, appellant was convicted of conspiracy to commit theft, theft, and unlawful…