Jenkins v. State

DeBRULER, Justice.

Appellant, Mark Jenkins, stands convicted of the crime of attempted criminal deviate conduct while armed, a class A felony, pursuant to Ind.Code § 35-42-4-2. Trial by jury took place in the Posey Circuit Court, resulting in a guilty verdict. He appeals alleging error in the manner in which the trial judge responded to jury questions during deliberation.

Three hours into deliberations, the jury returned into open court and through its foreperson asked the court for the meaning of a lesser included offense. The court then read all of the final instructions again to the jury.

Late…