Zavesky v. State

PIVARNIK, Justice.

On October 31, 1985, a jury found Defendant-Appellant David Anthony Zavesky guilty of theft, a class D felony. The jury then found him to be an habitual offender. The court imposed a sentence of four years imprisonment for the class D felony, enhanced by sixteen years for the habitual offender finding. Several issues are raised in this direct appeal regarding the convietion and enhancement, but because of our disposition of the habitual offender finding, we need address only the following three issues:

1. whether the court erred in refusing Zavesky's tendered instruction on…