Duncan v. State

Bernes, Judge.

John Harrison Duncan appeals from his conviction on one count of felony theft by receiving stolen property. Duncan contends that there was insufficient evidence to convict him or to support a felony sentence. He also contends there was a fatal variance between the allegations of the indictment and the proof at trial. We agree that the evidence was insufficient to support felony sentencing, but we affirm in all other respects.

On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the defendant no longer enjoys the…