Byrd v. State

STATON, Judge.

John Byrd was convicted of theft and receiving stolen auto parts, Class D felonies.2 He was also adjudged to be an habitual offender.3 Byrd presents six issues for appellate review:

I. Whether the trial court erroneously refused Byrd’s tendered instruction on circumstantial evidence.

II.Whether there is sufficient evidence to support Byrd’s convictions of theft and receiving stolen auto parts.

III. Whether the omission of an instruction specifically setting forth the elements of the charged offenses constitutes fundamental error.

IV. Whether Byrd was improperly sentenced on both the…