Tracy v. State

OPINION

VAIDIK, Judge.

Case Summary

Thomas Tracy appeals his five convictions, including attempted murder, stemming from his actions that culminated in the shooting of an on-duty police officer. Because battery as a Class C felony is neither inherently nor factually included in attempted murder as charged in this case, the trial court did not err by refusing to instruct the jury on battery. In addition, Tracy has forfeited his Blakely challenge by' not objecting in the trial court. In any event, the trial court did not err in enhance-ing Tracy's sentences because of his prior convictions.…