State v. Tamplin

OPINION

BIRDSALL, Presiding Judge.

The appellant was convicted of child abuse by criminal negligence, a lesser-included offense of the child abuse with which he was charged. The jury also found the crime was of a dangerous nature. He was sentenced to a presumptive six-year term in prison.

We must answer two questions on appeal:

1. Was it fundamental, reversible error to fail to give a limiting instruction when his statement was admitted for impeachment?

2. Was it error for the trial court to allow the jury to find that the lesser-included offense was of a dangerous nature?

We affirm.

The appellant…