concurring in result.
I agree with Judge Baker that the trial court's convictions for three counts of criminal recklessness should be affirmed for the reason he gave: those crimes were factually lesser included offenses and the charging instrument put Miller properly on notice of those crimes.
I agree with the majority that Miller has not preserved the issue because of the omission of the transcript of the trial. However, I do not agree with the majority that waiver arose from failure to object at trial. If this situation had arisen in a jury trial, the defendant would have had an opportunity to object to the jury instrue-tions on lesser included offenses. However, in this bench trial, followed by the trial court's announcing a result of conviction on the lesser included offense, I do not see at what point Miller would have had the opportunity to object. If the trial proceeded as most bench trials, there was no point in the trial before the result was announced at which this issue would have been raised. And an objection after the trial court had announced its verdict would be a useless act. The trial court had already acquitted Miller of attempted murder, and presumably could not backtrack on that even if it *1289were so inclined. Nor would the trial court be willing to find the defendant not guilty of any crime.
It seems to me that for purposes of waiver Miller's claim here is analogous to a claim that the evidence does not support the verdict. That would presumably be the contention if, after hearing the evidence, the trial court here had acquitted Miller of attempted murder but convicted of, say, arson. There would be no need to present to the trial court the contention that there is no evidence of use of fire before that judgment could be appealed. Now that there is no longer any requirement that a motion to correct errors precede an appeal, a wrong result on the record that is raised for the first time by the verdict itself is appealable without further trial court proceedings. That is what Miller's contention is here. For that reason, although I disagree with Miller on the merits of his claim, I do not see how his issue could have been presented to the trial court in a meaningful way, and would not find it waived for failure to object at trial, Because I agree with the majority that Miller has failed to preserve this issue, I concur in result.
DICKSON, J., concurs.