Elmore v. State

OPINION

HOFFMAN, Judge.

Appellant-petitioner Leroy Elmore appeals from the denial of his petition for postconviction relief. Elmore was convicted of theft, a Class D felony, and was found to be a habitual offender. The facts, as found by our supreme court in Elmore v. State, 515 N.E.2d 1388 (Ind.1987), are as follows:

On December 17, 1985, a 1985 Century Buick automobile belonging to Leroy Dick was stolen while parked at a place of business on Broadway in Gary, Indiana. Before the police received the report of the stolen vehicle, they received another report to proceed to 324 Tyler Street in…