Gray v. State

OPINION

KIRSCH, Judge.

After a bench trial, Frank E. Gray was convicted of theft 1 as a Class D felony and burglary 2 as a Class C felony and was adjudged to be a habitual offender. He now appeals, arguing that the evidence supporting his convictions was insufficient because a fence enclosing a car lot is not a structure within the meaning of IC 35-43, 2-1, and there was no evidence of a breaking or of his intent.

We affirm.

FACTS AND PROCEDURAL HISTORY

On August 25, 2002, Officer Brian Zotz of the Indianapolis Police Department was dispatched to an auto repair business on a report of a burglary…