State v. Jones

OPINION

SEDGWICK, Judge.

Kyle Jones appeals from his theft conviction and sentence. We affirm as modified.

FACTS

Kyle Jones moved in with his elderly grandmother, Evelyn Weiland, in September 1985. Kyle had earlier been thrown out by his mother, Rodene Jones, who lived next door. About the same time Kyle moved in, Weiland entrusted a box with Rodene, who is her daughter. The metal first-aid box, wrapped in plastic and containing Weiland’s savings, was secreted in an unused clothes hamper.

On February 21, 1986, Weiland, with her daughter as witness, told Kyle “to get out and stay out.” Kyle…