Upp v. State

GARRARD, Judge.

After a bench trial, at which he appeared pro se, Martin Upp was convicted of erimi-nal recklessness, a Class D felony. IC 35-42-2-2(a)(2). 1 His motion to correct errors asserted inter alia insufficiency of the evidence to sustain the conviction and the court's failure prior to trial to properly advise him of his right to counsel.

The court determined that Upp had not been adequately advised of his right to counsel and granted a new trial. Upp's appeal acknowledges the propriety of that action but seeks our review of his contention that the evidence was insufficient. The state…