State v. Burnett

ZIMMERMAN, Justice:

Defendant Jerry Burnett appeals from a jury conviction on eight counts of theft based on eight checks he had written for personal expenses against the trust account of American Pension Services. Burnett argues that the trial court abused its discretion in denying both his motion for a judgment of acquittal at the close of the State’s case and his motion for a mistrial because the offenses charged in the information were materially different from the offenses for which he was tried. Burnett also contends that he should not have been convicted of a second degree felony on one…