Gross v. State

HUNTER, Justice.

The defendant, Theo K. Gross, was convicted by a jury of theft, a Class D felony, Ind.Code § 35-43-4-2 (Burns 1979 Repl.) and of being an habitual offender, Ind.Code § 35-50-2-8 (Burns 1979 Repl.) and was sentenced to the Indiana Department of Correction for a period of thirty-four years. His direct appeal raises the following eight issues:

1. Whether the trial court erred by entering a judgment of conviction on theft as a Class D felony before the start of the habitual offender phase of the trial;

2. Whether the court erred in failing to excuse one juror despite allegations of…