GARCIA v. STATE

No. 4-1081A152.

433 N.E.2d 1207 (1982)

Ernest GARCIA, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

April 20, 1982.


Attorney(s) appearing for the Case

Lonnie M. Randolph, East Chicago, for appellant.

Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for appellee.


MILLER, Presiding Judge.

Ernest Garcia is appealing his conviction pursuant to Ind. Code 35-42-2-1(3) for battery, a Class C felony, after he admittedly struck and injured one Ricardo Soto at the latter's apartment. Because the record reveals the charging instrument did not allege the infliction of serious bodily injury or use of a deadly weapon (one or the other being a necessary element of subsection (3) of IC...

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