Moncrief v. State

STATON, Judge.

Moncrief appeals his conviction for attempted theft, contending that the trial court erred in not giving his tendered instruction for the lesser included offense of conversion; he also contests his habitual offender conviction, asserting that the State both failed to prove the necessary requisites and improperly amended the habitual offender count.

We affirm in part and reverse in part. On September 10, 1986, Appellant William Moncrief (Moncrief) was in the men’s department of the Sears store in the Mer-rillville Southlake Mall at approximately 6 p.m. Marvin Smith, one of Sears’…