State v. Holmes

SCHOTT, Judge.

Defendant was originally charged with theft of an automobile belonging to Brian Beck and simple burglary of an automobile belonging to Richard Worgan. The first count was amended before trial to possession of a stolen automobile. He was convicted on both counts and sentenced as a habitual offender to five years on each count to run concurrently. In his only assignment of error he contends the evidence as to count two was insufficient to establish his guilt.

The crimes were allegedly committed at about 3:00 A.M. on April 19, 1985. The automobile owned by Brian Beck was a 1979…