Decker v. State

PIVARNIK, Justice.

Defendant-Appellant Everett Leon Decker was charged with one count of Burglary, a Class C felony, and one count of Theft, a Class D felony. He was tried by a jury and found guilty on the theft charge only. He was sentenced to two (2) years, and this sentence was enhanced by an additional thirty (30) years for an habitual offender finding. Decker raises the following issues on direct appeal:

1. trial court error in refusing his tendered instructions 8 and 9;

2. denial of his Motion for Discharge pursuant to Criminal Rule 4(C);

3. denial of his Motion to Suppress;

4. error in…