James v. State

Defendant was tried and convicted of fleeing or attempting to elude a law enforcement officer with lights and sirens and with wanton disregard, a second degree felony. In ground five of his post-conviction motion, defendant argues that his trial counsel was ineffective for failing to consult with defendant regarding the jury instructions for lesser included offenses and for failing to request an instruction for the lesser included offense of fleeing or attempting to elude an officer with lights and sirens, but without wanton disregard, a third degree felony.