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SUGGS v. STATE

No. 32A01-0710-CR-477.

883 N.E.2d 1188 (2008)

Olugbala P. SUGGS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 10, 2008.

Attorney(s) appearing for the Case

Paula M. Sauer, Danville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Zachary J. Stock, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

SHARPNACK, Judge.

Olugbala P. Suggs appeals his conviction for attempted theft as a class D felony1 and his status as an habitual offender.2 Suggs raises two issues, which we restate as:

I. Whether the trial court committed fundamental error by failing to instruct the jury regarding accomplice liability for the attempted theft charge;...

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