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FOR PUBLICATION

ATTORNEY FOR APPELLANT: ANNA E. ONAITIS Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
STEVEN SHELBY, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-0704-CR-202

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Lisa F. Borges, Judge Cause No. 49F15-0611-FD-214855

October 24, 2007 OPINION--FOR PUBLICATION

BRADFORD, Judge

Following a jury trial, Appellant-Defendant, Steven Shelby, appeals his conviction and sentence for Auto Theft as a Class D felony and the trial court's finding him to be a Habitual Offender. 1 Upon appeal, Shelby challenges the sufficiency of the evidence to support his conviction and further claims that the trial court erred by rejecting certain proposed jury instructions. We reverse and remand. FACTS On October 23, 2006, Euneka Reaves discovered that her grandmother's gray 1988 Buick LeSabre, which Reaves had permission to drive, was no longer in front of Reaves's residence. Neither Reaves nor her grandmother, Bobbie Dotson, had given anyone else permission to drive the car. Reaves immediately called police and reported the car stolen. On November 7, 2006, Indianapolis Metropolitan Police Officer Daniel Bennett observed two people sitting inside a blue-gray Buick in a parking lot at East 38th and North LaSalle Streets. According to Officer Bennett, the Buick had been sitting in the same position at that location for at least two days. Officer Bennett observed that the driver appeared to be an African American male with a close haircut. His passenger appeared to have hair up in a bun or hat. Officer Bennett saw the Buick pull out of the parking lot and onto LaSalle Street. According to Officer Bennett, the Buick had a very loud muffler, and from the revving of the engine, it appeared the driver had had difficulty starting it. Officer Bennett followed the Buick at a distance of about twelve feet. Upon checking the license plate, he determined the Buick was registered as a 1988 blue Buick,
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Ind. Code

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