Harris v. State

Barry Harris, the defendant, was charged by way of information with commission of a felony while armed, to wit: robbery. A jury returned a verdict of guilty and assessed the penalty that the defendant be imprisoned for a determinate term of twenty [20] years. From a judgment entered on that verdict the defendant appeals raising two issues:

1) Whether it was error for the trial court to refuse his tendered instructions on lesser included offenses; and

2) Whether it was error for the trial court to give an instruction to the jury advising them on factors for the assessment of a penalty.

I

The…