Hill v. State

GIVAN, Justice.

A jury trial resulted in appellant’s conviction of Burglary, a Class C felony, and Theft, a Class D felony, for which he received concurrent sentences of five (5) and two (2) years, respectively. He also was found to be an habitual offender for which his burglary sentence was enhanced by thirty (30) years.

The facts are: Around 3:30 on the morning of August 30, 1986, Officer Steven Swarm of the Indianapolis Police Department was patrolling in the vicinity of 56th Street and Keystone Avenue. Shortly after receiving a radio report of a possible burglary, he observed appellant…