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LEON v. STATE

No. 45S00-8608-CR-786.

525 N.E.2d 331 (1988)

Mark LEON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

July 12, 1988.

Attorney(s) appearing for the Case

Diane McNeal, Crown Point, for appellant.

Linley E. Pearson, Atty. Gen., Cheryl Lynn Greiner, Deputy Atty. Gen., Indianapolis, for appellee.

SHEPARD, Chief Justice.

Appellant Mark Leon was tried before a jury and convicted of attempted murder, a class A felony. Ind. Code §§ 35-42-1-1, 35-41-5-1 (Burns 1985 Repl.). The trial court sentenced Leon to thirty years imprisonment.

On direct appeal, Leon raises two issues:

I. Whether the trial court erred in refusing appellant's tendered instruction on the lesser included offense of battery...

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