State v. Quisenberry

RENDLEN, Judge.

Defendant was convicted of stealing property with a value of $150 or more1 and *581second degree burglary,2 two class C felonies. Though the jury assessed punishment at one year for each offense, the trial court sentenced defendant to concurrent terms of two years for each offense. Review was sought in the Court of Appeals, Western District, which reversed and remanded both convictions, but the cause was certified here on dissent of Manford, J. It will be determined as though on original appeal.

Defendant claims the trial court erred in (1) failing to instruct the jury on the…