Butler v. State

McDEVITT, Justice.

This case involves a petition for post-eonviction relief. Appellant requests relief from his conviction and sentence and entry of a conviction for only a misdemeanor or vacation of the judgment and sentence altogether. We affirm.

I

FACTS AND PRIOR PROCEEDINGS

On November 8,1990, a criminal complaint was filed against appellant Max Butler (Butler) alleging Butler committed the crime of aggravated assault, a felony pursuant to I.C. §§ 18-901(a) and 18-905(a). The November 8, 1990 criminal complaint, alleged that Butler attempted to commit a violent injury upon his former…