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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any Aug 27 2014, 9:23 am court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE: TIMOTHY J. O’CONNOR GREGORY F. ZOELLER Indianapolis, Indiana Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA LATOYA C. LEE, ) ) Appellant-Defendant, ) ) vs. ) No. 49A02-1310-CR-867 ) STATE OF INDIANA, ) ) Appellee-Plaintiff. ) APPEAL FROM THE MARION SUPERIOR COURT The Honorable Grant W. Hawkins, Judge Cause No. 49G05-1209-MR-62638 August 27, 2014 MEMORANDUM DECISION ON REHEARING – NOT FOR PUBLICATION BAKER, Judge Latoya Lee seeks rehearing following our memorandum opinion in Lee v. State, No. 49A02–1310–CR–867, slip op. (Ind. Ct. App. June 10, 2014), arguing that we should reverse our decision in light of the determination of another panel of this court in Young v. State, No. 49A02–1310–CR–868, slip op. (Ind. Ct. App. June 12, 2014). Lee and Young were co-defendants, and both appealed a conviction for attempted aggravated battery. In Young, a panel of this Court determined that the charging instrument had not given Young fair notice of his conviction. Id. We grant rehearing to acknowledge our awareness of the decision in Young but decline to reverse our earlier decision in Lee, as Lee did not raise any issue concerning the charging information on appeal. BARNES, J., and CRONE, J., concur. 2
Document Info
Docket Number: 49A02-1310-CR-867
Filed Date: 8/27/2014
Precedential Status: Non-Precedential
Modified Date: 4/17/2021