Wright v. State

I respectfully dissent from the majority analysis and conclusion in this appeal. At least since Judge Staton's opinion in Roddy v. State (1979), 182 Ind.App. 156, 394 N.E.2d 1098, Indiana cases have expressly recognized that lesser included offenses come in essentially two flavors. Inherently included offenses are those which are necessarily included in the greater charge. That is to say, the greater offense cannot be committed without necessarily committing all the elements of the lesser. On the other hand, "factually" or "possibly" included offenses are those which, depending upon the…