Harris v. State

OPINION

HOFFMAN, Senior Judge.

Defendant-Appellant Damian Harris appeals his conviction of felony murder, Ind. Code § 35-42-1-1. We affirm in part, and reverse and remand in part for a new sentencing consistent with this opinion.

Harris presents four issues for our review which we restate as:

I. Whether the juvenile court erred by denying Harris' motion to dismiss the State's motion for waiver . of juvenile jurisdiction.

II. Whether the trial court erred by denying Harris' motion for mistrial. - *

Whether the trial court erred by applying an improper aggravating cireumstance in sentencing Harris. 1

I…