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HIBSHMAN v. STATE

No. 3-784A202.

472 N.E.2d 1276 (1985)

Douglas Harold HIBSHMAN v. STATE of Indiana.

Court of Appeals of Indiana, Third District.

January 14, 1985.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Ind., M.E. Tuke, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen. of Ind., Michael Gene Worden, Deputy Public Defender, Indianapolis, for appellee.

GARRARD, Judge.

Douglas Hibshman (Hibshman) was tried by jury and was convicted of robbery, a Class C felony. His appeal challenges the sufficiency of the evidence and contends that the trial court committed fundamental error by instructing the jury pursuant to IC 35-41-3-5:

"You are instructed that voluntary intoxication is not available as a defense to a charge of robbery."

Admittedly no objection was made to the instruction at trial, nor was this...

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