Garner v. State

SHIELDS, Presiding Judge.

Merle Garner appeals the denial of his amended petition for post-conviction relief.

We reverse.

ISSUE

Garner presents several issues for our review, one of which is dispositive: Whether error occurred when Garner was found guilty and sentenced for robbery as a class A felony where the amended information charged him with robbery as a class B felony and where, in addition, the record is devoid of evidence of serious bodily injury.

FACTS

The information charged that Garner did knowingly, while armed with a deadly weapon ... take from the person or presence of DAVID BURNETT…