Lucas v. the State

Phipps, Chief Judge.

Christopher Lucas was convicted of two counts of burglary, 1 criminal damage to property (second degree), 2 theft by taking, 3 and possession of tools for the commission of a crime. 4 He contends that the trial court erred by (1) sentencing him for both burglary counts, because they were part of a single continuous act and should have merged; and (2) denying his motion for new trial based on his claim of ineffective assistance of trial counsel. Because the two burglaries merged as a matter of fact, we vacate one burglary conviction and sentence and remand the case for…