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UPP v. STATE

No. 3-384A69.

473 N.E.2d 1030 (1985)

Martin UPP, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

February 6, 1985.

Attorney(s) appearing for the Case

Mark A. Lienhoop, Newby, Lewis, Kaminski & Jones, La Porte, for defendant-appellant.

Linley E. Pearson, Atty. Gen., Richard C. Webster, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Judge.

After a bench trial, at which he appeared pro se, Martin Upp was convicted of criminal 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...

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