Donovan v. State

John G. Donovan was convicted of theft of property in the first degree and was sentenced to four years' imprisonment. That sentence was "split," with one year to be served in the penitentiary and three years on probation. He was ordered to pay court costs and $25 to the Victims Compensation Fund. Three issues are raised on this appeal from that conviction.

I

The defendant contends that the State failed to present a prima facie case of first degree theft by deception. Donovan was charged with theft of property in the first degree in a two-count indictment. However, at the close of the State's…