Jones v. State

SHEPARD, Chief Justice.

Appellant Eddie Jones was tried before a jury and convicted of burglary, a class B felony, Ind. Code § 85-48-2-1 (Burns 1985 Repl). The trial court sentenced him to eleven years imprisonment. Jones maintains that the trial court committed reversible error by refusing to give the jury instruction he tendered on theft as a lesser included offense. Jones objected at trial but failed to raise this alleged error in his motion to correct errors. Accordingly, Jones has waived this issue on appeal unless the alleged error constitutes fundamental error clearly comprising…