State v. Potter

TITUS, Judge.

A jury convicted defendant of second degree burglary (§ 560.045) 1 and stealing (§ 560.156), and fixed his punishment at two years’ imprisonment for each offense. §§ 560.095(2) and 560.110, subd. 1. In pronouncing sentence, the court fixed the terms to run consecutively. § 560.110, subd. 2. Defendant has appealed.

Defendant says the evidence was not enough to sustain the conviction. Although defendant properly preserved this point for appellate review, we would, nevertheless, be bound to recognize it for if the evidence be insufficient to sustain the conviction, plain error…