Cole v. State

HUNTER, Justice.

Defendant, John Cole, was convicted by a jury of attempt to commit robbery while armed with a deadly weapon, Ind.Code §§ 35-41-5-1 and 35-42-5-1 (Burns 1979 Repl.), and sentenced to twenty years’ imprisonment. He now appeals raising the following issues:

1. Whether the trial court erred in failing to instruct the jury regarding the crime of criminal recklessness as a lesser included offense of the crime charged; and

2. Whether the verdict of the jury and the judgment of the trial court are supported by sufficient evidence.

The relevant facts most favorable to the state follow.

On…