Woodson v. State

OPINION ON REHEARING

KIRSCH, Judge.

In Woodson v. State, 767 N.E.2d 1022 (Ind.Ct.App.2002), this court granted Keith Woodson’s petition for post-convic*477tion relief on his two convictions for attempted murder as an accomplice,1 a Class A felony, on the basis that the jury instructions constituted fundamental error. We remanded the case for a new trial.

The State has petitioned this court for rehearing. Citing Sanders v. State, 765 N.E.2d 591, 592 (Ind.2002), the State argues that our supreme court recently clarified that claims of fundamental error apply only to direct appeals and “are not…