Jerry Mott v. State Indiana

Appellant was convicted by a jury of theft, a Class D felony, I.C. 35-43-4-2, and received a four-year sentence. This sentence was then enhanced by thirty years after the jury found the appellant to be a habitual offender, I.C. 35-50-2-8, resulting in a total sentence of thirty-four years. The evidence presented which tended to support the conviction showed that Marvin May gave Tim Gray permission to come onto his farm to cut up and cart away some obsolete farm equipment and that appellant, Gray and Charlie Brown went to Mays farm, ostensibly in pursuit of this project. Upon ascertaining that May was away, appellant and Gray went into the house while Brown served as a lookout. The house was ransacked and $63.00 in coins was found in a kitchen cabinet. The three men took the money to Browns home, where it was divided equallyamong them. Both Gray and Brown testified at appellants trial.