State v. Payne

VICTOR C. HOWARD, Chief Judge.

Following a jury trial, Donald Payne appeals a conviction for second-degree assault and armed criminal action. Although there was no direct evidence of the type of object used, Payne assaulted another man and in the process left several puncture wounds on the victim’s body. He now claims that the evidence was insufficient to support the conviction because the State failed to admit evidence which indicated that Payne used a “deadly weapon” as defined by section SSG.OCICIO). 1 Payne also claims that the trial court plainly erred in failing to sua sponte correct a…