Leon v. State

SHEPARD, Chief Justice.

Appellant Mark Leon was tried before a jury and convicted of attempted murder, a class A felony. Ind.Code §§ 35-42-1-1, 35-41-5-1 (Burns 1985 Repl.). The trial court sentenced Leon to thirty years imprisonment.

On direct appeal, Leon raises two issues:

I. Whether the trial court erred in refusing appellant’s tendered instruction on the lesser included offense of battery, a class C felony, and

II. Whether the evidence is sufficient to sustain a jury’s conviction for attempted murder.

The evidence shows that Leon and Janet King had dated for approximately two years and had a…