Latoya C. Lee v. State of Indiana ( 2014 )


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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    MEMORANDUM DECISION ON REHEARING – NOT FOR PUBLICATION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Precedential Status: Non-Precedential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