Joseph Matheny v. State of Indiana

OPINION ON REHEARING

CRONE, Judge.

The State petitions for rehearing in Matheny v. State, 983 N.E.2d 672 (Ind.Ct.App.2013), in which we affirmed Matheny’s conviction for class D felony auto theft. In so doing, we concluded that although the trial court erred in refusing Matheny’s tendered jury instruction regarding the jury’s duty to conform the evidence to the presumption that the defendant is innocent, that error was harmless. Id. at 680-81. The State asks us to reconsider our conclusion that the trial court’s refusal of Matheny’s tendered instruction constituted error in light of Santiago v.…