Elliott v. State

OPINION ON REHEARING

MATHIAS, Judge.

Appellant-petitioner Ronald E. Elliott (“Elliott”) petitions for rehearing of our opinion in Elliott v. State, 786 N.E.2d 799 (Ind.Ct.App.2003) and contends that our review under a fundamental error standard of whether an attempted murder instruction was properly given was not appropriate. He claims that he objected to the instruction given, and therefore, the issue should have been reviewed under a reversible error standard.

In our previous opinion, we concluded that the trial court properly instructed the jury on the elements of attempted murder. We relied…