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HOWARD v. STATE

No. 45A05-9604-PC-132.

672 N.E.2d 944 (1996)

Seab HOWARD, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

October 23, 1996.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, William D. Polansky, Deputy Public Defender, Indianapolis, for Appellant-Petitioner.

Pamela Carter, Attorney General, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, for Appellee-Respondent.

OPINION

SHARPNACK, Chief Judge.

Seab Howard appeals the denial of his petition for post-conviction relief. The sole issue for our review is whether the trial court erred when instructing the jury on the elements of attempted murder. We reverse and remand.

FACTS

The facts most favorable to the judgment follow.1 On January 30, 1989, Gina Howard was walking with her children when she was confronted by her...

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