Matthew P. Wilhoite v. State of Indiana

OPINION

MAY, Judge.

Matthew P. Wilhoite appeals his conviction of Class B felony “Conspiracy to Commit Attempted Armed Robbery.” 1 (App. at 163.) He asserts his conviction should be overturned because he was convicted of a crime that does not exist and because his right to an impartial jury was violated. Because he has not demonstrated fundamental error, we affirm.

FACTS AND PROCEDURAL HISTORY

In July of 2011, Wilhoite, Joshua Johnson, and Jacqueline Jones agreed to rob Donald Willis. They developed a plan that involved arranging a drug deal with Willis and then, during the transaction, robbing…