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ELLIOTT v. STATE

No. 90A02-0208-CR-687.

792 N.E.2d 939 (2003)

Ronald E. ELLIOTT, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 6, 2003.

Attorney(s) appearing for the Case

Eugene C. Hollander, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Cynthia L. Ploughe, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION ON REHEARING

MATHIAS, Judge.

Appellant-petitioner Ronald E. Elliott ("Elliott") petitions for rehearing of our opinion in Elliott v. State, 786 N.E.2d 799 (Ind.Ct.App.2003) and contends that our review under a fundamental error standard of whether an attempted murder instruction was properly given was not appropriate. He claims that he objected to the instruction given, and therefore, the issue should have...

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