APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Grant Hawkins, Judge. Cause No. 49G05-1209-MR-5281.
ATTORNEY FOR APPELLANT: ERIC K. KOSELKE, Indianapolis, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; MONIKA PREKOPA TALBOT, Deputy Attorney General, Indianapolis, Indiana.
ROBB, Judge. RILEY, J., and BRADFORD, J., concur.
Case Summary and Issues
Billy Young appeals his conviction for attempted aggravated battery, raising the following issues for our review: (1) whether it was error to enter a conviction against Young of attempted aggravated battery as a lesser included offense of murder; and (2) whether the evidence was sufficient to support Young's conviction. Concluding the charging information did not give Young sufficient notice of the crime of which he was convicted, we reverse.
Facts and Procedural History
Tiara Robertson previously dated Brandon Lee and was friends with his sister, Latoya Lee. Tiara and Brandon ended their relationship, and in September 2012, Tiara was living with her new boyfriend, Ramon Gude.
On September 5, 2012, Latoya came to Tiara and Ramon's apartment sometime around 9:30 p.m. Latoya and Tiara began arguing. Ramon confronted Latoya and hit her. Latoya became even angrier and left after telling Tiara and Ramon that she would be back.
Two days later, on September 7, 2012, Ramon and Tiara were home with their children. That evening, Latoya arrived at their apartment, accompanied by Young and Marquise Lee (Latoya's cousin). While Ramon was standing in front of the apartment building, he called Tiara on the phone and told her " they are outside." Transcript at 35. Tiara ran outside to find Ramon and Marquise fighting. Marquise was getting the better of Ramon, and Ramon was attempting to retreat into his
apartment. Tiara grabbed Ramon and pulled him inside, but Marquise and Young followed them into the apartment, along with a third, unknown man whom Tiara had not previously noticed. Ramon stood in the corner near the door and attempted to shield himself with his arms. Young handed an unloaded gun and a magazine to Marquise. Marquise played with the gun and magazine, but he never loaded the gun. After handing the gun to Marquise, Young began trying to punch Ramon over Tiara, who was standing in front of Ramon. The third, unidentified man then shot Ramon. When the shots were fired, Young stopped trying to punch Ramon, and both ...