Chinda v. State

OPINION

BAKER, Judge.

Appellant-defendant Ann Chinda appeals her conviction for Neglect of a Dependent, 1 a class C felony. Specifically, she contends that the conviction must be vacated because the State had originally charged her with Attempted Murder, 2 and neglect of a dependent is not a lesser-included offense of the crime charged.

FACTS

The facts most favorable to the judgment reveal that on May 21, 1999, Chinda gave birth to a baby boy and placed him in a trash dumpster at the apartment complex where she lived. The baby was later rescued when a passerby heard the child's cry. At the time,…