State v. Irvin

JOHNSON, Judge.

The defendant, Mitchell Irvin, appeals from his conviction of burglary in the second degree. He challenges the sufficiency of the evidence and the trial court’s application of the statute defining joint criminal conduct. We affirm defendant’s conviction but remand this case to the trial court with directions to enter new conclusions of law and a new judgment.

The defendant was accused of participating with his brother in stealing Coca-Cola bottles from a Coca-Cola plant for the purpose of obtaining refunds on bottle deposits. The trial court, acting as a trier of fact, found…