Elmore v. State

Elmore, Lamb, and Montgomery were tried by the court and convicted of Theft of property valued over $100.00 (Count I) and Conspiracy to Commit Theft (Count II). Each was fined $100.00 and sentenced to one to ten years imprisonment for the theft and two to fourteen years for the conspiracy. On appeal they assign as error: (1) the court’s failure to approve their plea bargain and (2) insufficiency of the evidence to sustain their convictions. We find no cause for reversal in either assignment, but sua sponte we hold that the lesser offense of theft is merged into the greater offense of…