Payment v. State

Birdsong, Judge.

Jonathan Payment was convicted of aggravated battery and sentenced to fourteen years, nine to serve, followed by five on probation. He brings this appeal enumerating four alleged errors. Held:

Though the facts are somewhat disputed or confused as to provocatory acts or remarks by the victim (an off-duty deputy sheriff), there is no dispute that Payment did strike the victim in the face with a full bottle of beer and when the victim fell to the floor, Payment repeatedly and rapidly struck the victim in the face with his fist resulting in a shattered jaw and the loss of vision in…