GIVAN, Chief Justice.
Appellant was charged with Robbery, a Class A felony, and Battery, a Class C felony, and was further alleged to be an habitual criminal. At the close of the State's case-in-chief appellant moved to dismiss the Battery charge, claiming that it should be treated as a lesser included offense of the charge of Robbery. The trial court granted his motion. Appellant was convicted of the lesser included charge of Battery on the Robbery count and was...
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