State v. Brown

PERRY, Judge.

Thomas Len Brown appeals from his judgment of conviction for grand theft, I.C. § 18-2407, and the finding that he was a persistent violator, I.C. § 19-2514, which was based upon the conviction for grand theft. Brown alleges that the instructions given to the jury were improper and that there was insufficient evidence upon which the jury could base its guilty verdict. Brown also appeals *390from the district court’s denial of Ms motion for a new trial.1 We vacate the judgment of conviction and remand for a new trial.

I

FACTS AND PROCEDURE

On Saturday, February 5, 1994, a masked gunman…