Miller v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted in a trial by jury of the theft of property of Danny Turner, Ind. Code § 35-43-4 — 2 (Burns 1979), and of being an habitual offender, Ind. Code § 35-50-2-8 (Burns 1979). This direct appeal challenges the sufficiency of the evidence to sustain the verdict upon the theft and the legality of his having been sentenced as an habitual offender.

Defendant has assigned as error the court’s denial of his motion for judgment at the conclusion of the State’s evidence in chief, but, error, if any, with respect to that ruling was waived when he elected…