James Denning v. State of Indiana

OPINION

MAY, Judge.

James Denning was convicted after a bench trial of Class A felony attempted robbery 1 and being an habitual offender. 2 He raises two issues on appeal:

1. Whether the victim’s testimony was incredibly dubious; and

2. Whether Denning should have been convicted of battery resulting in serious bodily injury as a Class C felony instead of attempted robbery as a Class A felony. 3

As a preliminary matter, the State argues we do not have jurisdiction to consider Denning’s appeal because he filed his notice of appeal before the trial court decided the issue of restitution. We have…