Miller v. State

ON PETITION TO TRANSFER

SULLIVAN, Justice.

Defendant Dayon Miller was charged with three counts of attempted murder for firing at three police officers. Following a bench trial, the trial court convicted Defendant of criminal recklessness,. The Court of Appeals panel reversed on grounds that criminal recklessness here was not a lesser included offense of attempted murder. We find that Defendant *1286did not preserve the issue for appeal and affirm the trial court's judgment.

Background

On April 30, 1998, Defendant Dayon Miller robbed a bank in Indianapolis. Defendant got into a vehicle, led police on…