defendant must demonstrate fundamental error in Indiana

2020See Booher v. State, 773 N.E.2d 814, 817-8 (Ind. 2002) (where a claim of prosecutorial misconduct has been procedurally faulted for failing to properly raise the claim before the trial court, it is waived from appellate consideration for failure to preserve the error; the defendant must demonstrate fundamental error to overcome this waiver).

2017Fundamental error is an extremely narrow exception to the waiver rule, and the defendant is faced with the “heavy burden of showing that the alleged errors are so prejudicial to the defendant’s rights as to make a fair trial impossible.” Ryan v. State, 9 N.E.3d 663, 668 (Ind. 2014).

2014Leggs v. State, 966 N.E.2d 204, 207-08 (Ind.Ct.App.2012). *841 Hayden contends that the charging information’s allegation that he took “property,” without specifying what property was alleged to have been taken, “places him in jeopardy should he be tried again for theft of property because this Court cannot determine, from the information, what property was the subject of theft.” (Appellant’s Br. at 19.) That is, “[h]e stole something, but know not what [sic].” (Appellant’s Br. at 19.) He argues as a result that the information is inadequate as to both Burglary and Theft.