FRANK, Chief Judge.
Martha Cochran has appealed from a conviction for battery upon a person 65 years of age or older. We reverse and remand for reclassification of the offense from a third degree felony to a first degree misdemeanor and for appropriate resentencing.
Cochran, a worker in a nursing home, was charged with battering an elderly incompetent woman who was approximately 80 years old at the time of the offense. The statute Cochran was convicted of...
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