Finley v. State

Smith, Presiding Judge.

A Floyd County grand jury indicted Steven D. Finley, Jennifer D. Throneberry, and Michael F. Verhoye II on two counts each of burglary, robbery, and aggravated assault. A jury acquitted Finley of one count of burglary and convicted him on the remaining counts. His motion for new trial was denied, and his motion for an out-of-time appeal was granted. He appeals, asserting two enumerations of error, and we affirm.

1. Finley first asserts a fatal variance in the indictment on the burglary count for which he was convicted, noting that Count 2 of the indictment alleged…