Kelly v. State

DICKSON, Justice.

Defendant-appellant Jason T. Kelly appeals his convictions for theft, a class D felony, and criminal confinement, a class B felony. Our disposition of this case requires that we address two issues: 1) whether the trial court erred in giving final instructions, over the defendant's timely objection, allowing the jury to convict the defendant of a crime for which he was not charged; and 2) whether the evidence was insufficient to support the criminal confinement conviction.

Criminal Confinement Instruction

The criminal confinement charge alleged violation of Ind.Code §…