Lewis v. State

YOUNG, Presiding Judge.

Defendant Roma Lewis appeals his conviction of Attempted Theft after a trial to the court. Because we reverse we reach only the issue of whether the trial court erred in convicting him of Attempted Theft as a lesser included offense of the Forgery which was charged in the Amended Information.

The evidence most favorable to the judgment reveals that on April 24, 1979 Lewis entered the Hooks Drug Store in Pendleton, Indiana, and presented a prescription purporting to be issued by Dr. Edward Clark to Stanley Bellamy for Preludin, a Class II controlled substance; he also…