Smith v. State

PATTERSON, Judge.

The appellant challenges his convictions and sentences for burglary, grand theft, and dealing in stolen property arising from the breaking and entering of a convenience store. We affirm in part and reverse in part.

The evidence at trial established that the appellant and several of his friends carried out the burglary on September 10, 1986. They took thirty-five cartons of cigarettes, seventy-four packages of lunch meat, and three cases of beer. Acting on a tip, the police arrested Freddy Lee Maxwell and found a portion of the contraband in Maxwell’s house. This arrest…