Proctor v. State

MORRIS, Judge.

Kenneth Proctor appeals five convictions and sentences entered after a jury trial. We affirm four convictions and sentences, but we reverse Proctor’s conviction for aggravated assault with a deadly weapon and remand for the trial court to enter judgment for the lesser included offense of assault on a person over sixty-fíve and to resentence Proctor accordingly. 1

I. Facts

The State charged Proctor with the following offenses: (1) aggravated battery with a deadly weapon on a person over sixty-five, with possession of a firearm, committed against Proctor’s father; (2) aggravated…