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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: KAREN M. HEARD Evansville, Indiana

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER Attorney General of Indiana JODI KATHRYN STEIN Deputy Attorney General Indianapolis, Indiana

FILED
of the supreme court, court of appeals and tax court

Dec 14 2010, 9:44 am

IN THE COURT OF APPEALS OF INDIANA
QUENTIN S. PHIPPS, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

CLERK

No. 82A01-1002-CR-46

APPEAL FROM THE VANDERBURGH CIRCUIT COURT The Honorable Robert J. Pigman, Judge Cause No. 82C01-0806-FA-675

December 14, 2010

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

Quentin S. Phipps was convicted after a jury trial of attempted murder1 as a Class A felony, attempted armed robbery2 as a Class B felony, escape3 as a Class C felony, auto theft4 as a Class D felony, and three counts of criminal recklessness,5 each as a Class D felony. He was given a sixty-two-year aggregate sentence. He appeals, raising the following restated issues: I. Whether the trial court erred when it found Phipps competent to stand trial; Whether sufficient evidence was presented to support Phippss conviction for attempted murder; Whether the trial court committed fundamental error in its preliminary jury instructions; and Whether Phippss sentence was an abuse of discretion or inappropriate.

II.

III.

IV.

We affirm. FACTS AND PROCEDURAL HISTORY On June 24, 2008, Phipps and his girlfriend, Brittany Pirtle, met Kenneth Walker at Walkers cousins apartment in Evansville. Tr. at 129-30. Phipps and Walker began to discuss committing a robbery, and the discussion continued the next day when Phipps and Pirtle returned to the apartment. Id. at 193. Phipps told Walker he had a "lick" that could

1

See Ind. Code

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