Davis v. State

DeBRULER, Justice.

This is a direct appeal from a conviction for burglary, class C felony, Ind.Code § 35-43-2-1, and theft, class D felony, Ind. Code § 35-43-4-2. Appellant was sentenced to consecutive terms of eight years and four years on the counts respectively.

Defendant raises two issues on appeal: (1) whether the trial court erred in denying a motion for a mistrial; and (2) whether the theft count was supported by sufficient evidence.

We do not have jurisdiction of this case under Ind.R.App.P. 4(AX7), since no single sentence is greater than ten years. Menefee v. State, (Ind.1981) 417…