Robertson v. State

OPINION

KIRSCH, Chief Judge.

After a jury trial, Michael Robertson (“Robertson”) was found guilty of theft 1 as a Class D felony. Robertson appeals raising the following restated issues:

I. Whether the circumstantial evidence was sufficient to convict Robertson of theft.

II. Whether Robertson’s enhanced and consecutive sentence is statutorily permissible pursuant to IC 35-50-2-1.3. 2

We affirm in part, reverse in part, and remand with instructions.

FACTS AND PROCEDURAL HISTORY

On April 20, 2005, Clyde Baker (“Baker”) discovered his garage door had been pried open and that his chainsaw was missing.…