Simmons v. State

OPINION

BAILEY, Judge.

Case Summary

Appellant-Defendant Seott Simmons ("Simmons") appeals his convictions of Battery, one count as a Class C felony and one count as a Class A misdemeanor. 1 We affirm the Class C felony conviction and vacate the Class A misdemeanor conviction 2

Issues

Simmons presents three issues for review:

I. Whether his Due Process right to notice, under the United States Constitution and Article 1, Section 13 of the Indiana Constitution, was violated when the jury was instructed on Battery as a Class C felony as a lesser-included offense of Aggravated Battery;

II. Whether his…