Fisher v. State

Judge, RILEY,

concurring in result.

I concur in result. I do not disagree with the reasoning of Sharkey v. State, 672 N.E.2d 937 (Ind.Ct.App.1996) as the majority opinion sets out in footnote 3, but would distinguish its holding. I agree with the Conclusions of Law made by the post-conviction court who also distinguished Sharkey.

The verdiet in this case was entered on January 20, 1994. At that time, the court concluded that reckless homicide was a factually included offense of murder and followed the holding in Sills v. State, 463 N.E.2d 228 (Ind.1984), where the court held that the State could…