Dellenbach v. State

STATON, Judge.

Randall and Herbert Dellenbach appeal their convictions for multiple counts arising from a furnace scam in which they preyed on elderly homeowners. They raise several issues which we have consolidated as follows:

1. Whether the convictions are supported by sufficient evidence,

2. Whether a material variance existed between the acts charged against Randall and the proof adduced at trial,

3. Whether any of Herbert's or Randall's convictions were for lesser included offenses, and thus contrary to the double jeopardy clause,

4. Whether the court abused its discretion in refusing to give…