State v. Battle

Introduction

Edward Battle (Appellant) appeals from the trial court’s judgment convicting him of the class C felony of second-degree domestic assault as a prior and persistent offender. We affirm.

Factual and Procedural Background

The state charged Appellant with one count of second-degree domestic assault (felony), Section 565.0781 and one count of third-degree domestic assault (misdemean- or), Section 565.074, as a prior and persistent offender. The evidence adduced at trial, in the light most favorable to the verdict, is as follows.

On May 28, 2011, the victim, D.W., and Appellant had been in…