State v. Mitchell

CRIST, Judge.

Defendant appeals from a jury conviction of first degree assault. The jury recommended punishment of 8 years imprisonment but the trial court found defendant a persistent offender and sentenced him to 30 years imprisonment. Defendant’s conviction is affirmed but we reverse the trial court’s finding defendant a persistent offender and instruct the court to resentence defendant.

Defendant does not challenge the sufficiency of the evidence supporting his assault conviction. He claims, however, the trial court erred in admitting photographic evidence of the injuries defendant…