Wolfe v. State

GIVAN, Justice.

A jury trial resulted in the conviction of appellant on a charge of Neglect of a Dependent Resulting in Serious Bodily Injury, a Class B felony, and a further finding that appellant was an habitual offender. Appellant was sentenced to a term of thirty-two (32) years.

The facts are: On August 24, 1985, Pamela Wolfe left her four and one-half-year-old son with her husband for a short period of time. When she returned home, her son was sitting in a chair but did not react to her return. Sometime later appellant wrestled with the child and tossed him into the air. The child suddenly…