State v. Cheney

Defendant was convicted of two counts of burglary in the first degree and two counts of theft in the first degree. He contends that the trial court erred in (1) failing to give defendant’s requested UCJI No. 1806 on theft by receiving, (2) giving the “solicit or command” portion of UCJI No. 1053 and (3) imposing separate convictions and sentences for the theft and burglary charges. His ground for the first claim of error is that there is evidence in the record supporting that theory of the case. The state concedes the error. We agree and, therefore, reverse.

On March 30, 1987, Miller, a…