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JOHNSON v. STATE

No. 49A02-1209-CR-755.

986 N.E.2d 852 (2013)

Kendall JOHNSON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

April 30, 2013.

Attorney(s) appearing for the Case

Patricia Caress McMath , Marion County Public Defender Agency, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Brian Reitz , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MAY, Judge.

Kendall Johnson appeals his convictions of and sentences for murder, a felony,1 and Class C felony battery.2 He presents two issues for our consideration:

1. Whether the trial court abused its discretion when it declined to instruct the jury on reckless homicide as a lesser-included offense of murder; and 2. Whether Johnson's sentence was inappropriate based...

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