Johnson v. State

GIVAN, Judge.

Appellant was convicted of Attempted Murder, Battery While Armed with a Deadly Weapon, Battery Resulting in Serious Bodily Injury, and Criminal Recklessness Resulting in Serious Bodily Injury. He also was found to be a habitual offender. The trial court found the Battery and Criminal Recklessness charges merged with the Attempted Murder charge. Appellant was sentenced to forty (40) years on the Attempted Murder charge which was enhanced by thirty (30) years due to appellant’s status as a habitual offender.

The facts are: Appellant and his brother, Toby Johnson, were attending a…