Wright v. State

Robert Wright appeals convictions for burglary and theft, arguing that there is insufficient evidence in the record to support either conviction. The Court of Appeals found that the evidence in the record was sufficient to support both convictions and, furthermore, that the trial court had erred by merging the theft conviction into the burglary conviction. We agree that the evidence in the record is sufficient to support both convictions, but we find that because the offenses were merged of the State's suggestion, the State cannot now claim that the merger was error. Background Early in the morning of November 13, 2002, Indianapolis police officers were dispatched to a tobacco store shortly after the store alarm had been activated. A videotape taken by a surveillance camera inside the store showed a person inside wearing a dark hooded jacket or sweatshirt. The sleeves on the jacket contrasted with the rest of the jacket.