Johnson v. State

FERGUSON, Judge.

Johnson was arrested and charged with burglary and possession of burglary tools. After a nonjury trial he was convicted and sentenced for possession of burglary tools and petit theft.

In this appeal Johnson contends that the petit theft conviction should be reversed because it is not a lesser included offense of burglary. The State responds that Johnson’s failure to object to being adjudicated guilty of an offense which is not a lesser included of the greater offense charged, was a waiver of the error.

Waiver of a conviction and sentence on a lesser offense, which is not a…