Slayton v. State

YOUNG, Judge.

After a bench trial, Charles Slayton was convicted of theft, a Class D felony under IND.CODE 85-48-4-2 (1982). On appeal, he claims that there was insufficient evidence to support his conviction and that the court erroneously convicted him of theft after acquitting him of robbery, the crime with which he was charged in the information filed against him.

We reverse.

In reviewing Slayton's challenge to the sufficiency of the evidence, we will neither reweigh the evidence nor judge the credibility of the witnesses. We consider only the evidence most favorable to the state, and we will…