Blevins v. State

STATON, Judge.

Anthony Blevins appeals his conviction of robbery, a Class B felony.1 He presents two issues for our review:

I. Whether the trial court erroneously accepted the guilty verdict after declaring a mistrial.

II. Whether the trial court erroneously refused Blevins' tendered instruction on the lesser included offense of theft.

Blevins identifies reversible error in the first of these issues.2

On the evening of October 81, 1990, City of Gary Police Officers Ben Portis and Angelo Primm observed three youths standing near 47th Avenue and Broadway with their hands raised over their heads.…