Smith v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted of Attempted Armed Robbery, Ind.Code § 35-41-5-1; § 35-42-5-1 (Burns 1979), and sentenced to twenty (20) years imprisonment and a fine of five thousand dollars ($5,000.00). The only issue presented by this direct appeal challenges the propriety of the trial court’s having given the jury the option of convicting Defendant of Attempted Robbery, Class B felony, as a lesser included offense of the Attempted Robbery, Class A felony, charged in the information (in pertinent part):

“ * * * Larry David Smith did knowingly attempt to take property,…