Troy Burgh v. State of Indiana

Najam, Judge.

Statement of the Case

Troy Burgh appeals his conviction for battery, as a Level 5 felony, following a bench trial. 1 Burgh raises a single issue for our review, namely, whether the State presented sufficient evidence to show that the battery was “committed with a deadly weapon.” See Ind. Code § 35-42-2-l(g)(2) (2016). As a matter of first impression, we hold that, when the paved surface of a parking lot is used in a manner that makes that surface readily capable of causing serious bodily injury, a reasonable trier of fact may conclude that the battery was “committed with a deadly…