Feuget v. State (Majority, with Concurring)
Annotate this CaseAppellant was convicted of theft of property and two counts of aggravated robbery for robbing a bank. At trial, Appellant argued that he was involuntarily intoxicated at the time of the robbery due to the combination of prescription medications he was taking. Appellant sought postconviction relief alleging that he received ineffective assistance of counsel because his attorneys failed to subpoena certain prescription records from the pharmacy, failed to subpoena a pharmacy employee who could authenticate the records, and did not request a jury instruction on the lesser-included offense of robbery, resulting in Appellant’s conviction of the greater offense of aggravated robbery. The Supreme Court affirmed, holding (1) Appellant was not prejudiced by his attorneys’ failure to procure the records or testimony regarding the prescription records; and (2) Appellant’s second argument was not preserved for appeal.
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