Mihay v. State

PIVARNIK, Justice.

Defendant-Appellant David L. Mihay was found guilty in a bench trial in the Fulton Cireuit Court of the crimes of attempted murder, for which he received a term of twenty (20) years, and criminal recklessness, for which he received a term of four (4) years, said terms to be served concurrently.

Mihay presents three issues for our consideration in this direct appeal:

1. sufficiency of the evidence;

2. error in permitting expert testimony concerning the order in which shots were fired; and

8. error in sentencing.

Testimony at trial tended to show that on the evening of July 7,…