State v. Ueding

HARRIS, Justice.

There are three issues in this appeal which follows defendant’s first-degree theft conviction and his adjudication as an habitual offender. Defendant challenges his sentence as an habitual offender, complains of the trial court’s refusal to give a spoliation instruction and seeks to reserve a claim that he was denied effective assistance of counsel at trial. We affirm.

Defendant was arrested in Kansas after a high-speed highway chase which began as a result of a routine traffic violation. A Kansas state trooper gave chase to a pickup truck after observing it force another…