Brown v. State

894 N.E.2d 598 (2008)

Jesus BROWN, Appellant-Defendant,

v.

STATE of Indiana, Appellee-Plaintiff.

No. 49A02-0802-CR-137.

Court of Appeals of Indiana.

October 16, 2008.

Bryan Lee Ciyou, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Thomas D. Perkins, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BROWN, Judge.

Jesus Brown appeals his conviction for escape as a class D felony.[1] Brown raises one issue, which we restate as whether the trial court committed fundamental error in failing to instruct the jury about the offense of unauthorized…