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Wallen v. State

Court of Appeals of Indiana

March 27, 2015

Jimmy Wallen, Jr., Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

Appeal from the Tippecanoe Superior Court. The Honorable Les A. Meade, Judge. Cause No. 79D05-1309-FD-424.

ATTORNEY FOR APPELLANT: Timothy P. Broden, Lafayette, Indiana.

ATTORNEY FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; George P. Sherman, Deputy Attorney General, Indianapolis, Indiana.

Riley, Judge. Vaidik, C. J. concurs. Baker, J. concurs in result with separate opinion. Baker, Judge, concurring in result.

OPINION

Page 329

Riley, Judge.

STATEMENT OF THE CASE

[¶ 1] Appellant-Defendant, Jimmy Wallen, Jr. (Wallen), appeals his conviction of theft, a Class D felony, Ind. Code § 35-43-4-2 (2013).

[¶ 2] We affirm.

ISSUE

[¶ 3] Wallen raises one issue on appeal, which we restate as follows: Whether the

Page 330

trial court abused its discretion by giving an improper ...


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