Opinion
49A02-1310-CR-867
08-27-2014
LATOYA C. LEE, Appellant-Defendant, v. STATE OF INDIANA, Appellee-Plaintiff.
ATTORNEY FOR APPELLANT: TIMOTHY J. O’CONNOR ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General
NOT FOR PUBLICATION
APPEAL FROM THE MARION SUPERIOR COURT The Honorable Grant W. Hawkins, Judge Cause No. 49G05-1209-MR-62638
ATTORNEY FOR APPELLANT: TIMOTHY J. O’CONNOR
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana MONIKA PREKOPA TALBOT Deputy Attorney General
MEMORANDUM DECISION ON REHEARING
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.