P.G. v. State

OPINION

RUCKER, Judge.

In this interlocutory appeal we address whether "attempted murder" and "murder" should be considered the same offense for purposes of waiving to adult court a juvenile under the age of fourteen.

Receiving information that thirteen-year-old P.G. had been involved in a drive-by shooting incident, the State filed a petition in the Wells County Juvenile Court alleging that P.G. was a delinquent child. Among other things the petition charged P.G. with attempted murder under Ind.Code §§ 85-42-1-1 and 35-41-5-1l(a). The State also filed a motion requesting the court to waive…