OPINION
David Mork appeals his conviction for theft as a class D felony 1 Mork raises two issues, which we revise and restate as follows:
I. Whether the trial court improperly denied Mork's motiоn for discharge under Ind. Criminal Rule 4(B); and
II. Whether the evidence was sufficient to support Mork's conviction.
We affirm.
The relevant facts follow. Mork and the victim, Michael Einsla, met through work in the winter оf 2006, when Mork began working in the same warehouse as Einsla. On the evening of April 29, 2007, Mork arrived at Einsla's home in Indianapolis unannounced and uninvited. Mork told Einsla that he was homeless, and Einsla allowed Mork into his home to use his washing machine. Einsla owned an SKS Yugoslavian rifle, and when Mork entered the house, Einsla moved the rifle from the living room closet to his bedroom closet in Mork's presence. The bedroom closet did not have a door, so the gun was immediately visible upon entering the bedroom. Einsla closed the bedroom door as he returned to the living room.
Later, as Mork washed his clothes, Mork and Einsla watched television in the living room. Around 11:00 pm., Einsla fell asleep. At that time, Mork was awake and the front door was closed. When *410 Einsla аwoke one to two hours later, the front door was open six to eight inches and his bedroom door was open. Mork was not in the house and Mork's car was gone, but his clothes were still in the washing machine.
One or two days later, Einsla noticed that his rifle was missing. Einsla lived alone and no one else had a key to his home. Between the time he fell asleep with Mork in his home and the time he discovered the gun was missing, Einsla had no other visitors and there were no signs of forced entry into his home. Eins, la tried repeatedly to contact Mork about the missing rifle and asked Mork's wife to have Mork call him about the missing rifle, but Mork refused to return his calls. Mork never contacted Einsla about retrieving the clothes he had left in Einsla's washing machine. After a week without contact from Mork, Einsla reported the rifle stolen to the police.
The State charged Mork with theft on August 20, 2007 in Marion County. On March 10, 2008, Mork was sentenced to serve time in prison in аnother case in Steuben County. His earliest possible release date was 2011. On July 29, 2008, an initial hearing was held in this case, and Mork requested a speedy trial. The trial court scheduled a jury triаl for September 4, 2008. On August 27, 2008, a pretrial conference was held, and the trial court vacated the trial date and released Mork on his own recognizance. On November 24, 2008, two dаys before the new trial date, Mork filed a Motion for Discharge pursuant to Ind. Criminal Rule 4(B). At a hearing on November 26, 2008, the trial court found Mork was not entitled to discharge under Ind. Criminal Rule 4(B) becаuse he was released on his own recognizance within the applicable seventy-day time period and his subsequent incarceration was not due to the pending charges in this case. The trial court denied Mork's motion and set trial for December 8, 2008. Following a bench trial, the trial court found Mork guilty of theft and sentenced him to two years in the Indiana Departmеnt of Corrections.
I.
The first issue is whether the trial court erred by denying Mork's motion for discharge under Ind. Criminal Rule 4(B). We review de novo a trial court's denial of a motion to discharge a defendant. Kirby v. State,
If any defendant held in jail on an indictment or an affidavit shall move for an early triаl, he shall be discharged if not brought to trial within seventy (70) calendar days from the date of such motion, except where a continuance within said period is had on his motion, or the delаy is otherwise caused by his act, or where there was not sufficient time to try him during such seventy (70) calendar days because of the congestion of the court calendar.
Once a dеfendant properly requests a speedy trial, the trial court must assign the case a meaningful trial date within the time prescribed by Ind. Criminal Rule 4(B). Clark,
Mork argues that "Indiana law recognizеs that the protection afforded a defendant under CR4 are [sic] available to a defendant who requests early trial on one charge while being held in jail on another." Apрellant's Brief at 7. In support of his argument, Mork cites Fossey v. State,
The record reveals that Mork requested a speedy trial on July 29, 2008, and the trial court released Mork on his own recognizance twenty-nine days later on August 27, 2008. Generally, "[olnee released from custody, a defendant receives no further benefit from Crim. R. 4(B)." Williams,
IL.
The next issue is whеther the evidence was sufficient to sustain Mork's conviction for theft as a class D felony. When reviewing the sufficiency of the evidence, we consider only the probative evidеnce and reasonable inferences supporting the verdict. Drane v. State,
A judgment may be sustained based on cireumstantial evidence alone if that circumstantial evidence supports a reasonable inference of guilt.... Further, intent may be inferred from a defendant's conduct and the natural and usual sequence to which such conduct logically and reasonably points. The trier of fact is entitled to infer intent from the surrounding cireumstances.
*412
Hayworth v. State,
The offense of theft is governed by Ind. Code § 35-48-4-2, which provides that "[a] person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft, a Class D felony." Thus, to convict Mork of theft, the State needed to prove that Mork knowingly or intentionally exerted unauthorized control over Einsla's riflе, with intent to deprive Einsla of part of the value or use of the rifle.
The record reveals sufficient evidence for a reasonable trier of fact to infer Mork's commission of theft. Einsla testified that Mork saw him move his rifle from the living room to his bedroom. Einsla also testified that he fell asleep while Mork was awake in his house, and that when he awoke, Mork was gonе and had left his clothes in the washing machine. The bedroom door, which Einsla closed when he put the rifle in the bedroom, was open, as was the front door. Einsla testified that he noticеd his rifle was gone two days after Mork's visit. Einsla lived alone and no one else had a key to his home. Between the time he fell asleep with Mork in his home and the time he discovered thе gun was missing, Einsla had no other visitors and there were no signs of forced entry into his home. When Einsla tried to contact Mork about the missing rifle, Mork refused to return Einsla's calls, although he knew Einsla was сalling about the missing rifle. Mork never contacted Einsla and never retrieved his clothing from Einsla'®s house. Based upon our review of the record, we conclude that evidence оf probative value exists from which the trial court could have found that Mork committed theft as a class D felony. See, eg., Long v. State
For the foregoing reasons, we affirm Mork's conviction for theft.
Affirmed.
Notes
. Ind.Code § 35-43-4-2 (2004) (subsequently amended by Pub.L. No. 158-2009, § 8 (eff. July 1, 2009).