Rutherford v. State

OPINION

BARNES, Judge.

Case Summary

Michael Rutherford appeals his convictions and six-year sentence for one count of Class C felony attempted battery with a deadly weapon and one count of Class D felony criminal recklessness. We affirm in part, reverse in part, and remand.

Issues

The issues before us are:

I. whether there is sufficient evidence to support Rutherford’s convictions;

II. whether double jeopardy concerns preclude him from being convicted of both attempted battery and criminal recklessness; and

III. whether his sentence is appropriate.

Facts

On September 21, 2005, Annie Dancy drove her…