John W. Thomas v. State of Indiana

KIRSCH, Judge.

[1]Following a jury trial, John W. Thomas (“Thomas”) was convicted of attempted murder, 1 a Level 1 felony, attempted aggravated batteiy 2 as a Level 3 felony, attempted battery with a deadly

weapon 3 as a Level 5 felony, and criminal recklessness 4 as a Level 6 felony. He appeals his conviction for attempted murder and raises the following restated issue: whether the trial court committed fundamental error when it instructed the jury that voluntary intoxication is not a defense to attempted murder. =

[2] We affirm.,

Facts and Procedural History

[3] The facts most favorable to the…