Vandeventer v. State

NEAL, Presiding Judge.

STATEMENT OF THE CASE

Defendant-appellant, Bobby Dean Vande-venter (Vandeventer), was charged in the Greene Circuit Court with attempted voluntary manslaughter under IND.CODE 85-41-5-1, and IND.CODE 85-42-1-8, but was convicted by the jury of "attempted reckless homicide", but mentally ill at the time of the offense. From a sentence of five years he appeals.

We reverse.

STATEMENT OF THE FACTS

Five issues are raised on appeal. Issue I raises the question of whether or not a conviction of a non-existent offense can be permitted to stand on the basis of invited error. Since we…