Ault v. State

OPINION

BAKER, Judge

Appellant-defendant James R. Ault appeals his sentence for Battery, 1 a Class C felony. Specifically, he argues that the trial court violated due process when it imposed a “more severe” sentence than it did for his previous conviction for Aggravated Battery, 2 a Class B felony. Furthermore, he maintains that the imposition of a restitution order to the mother of the injured infant and to the State is contrary to law.

FACTS

The facts most favorable to the judgment reveal that Ault was entrusted with the temporary care of the two-month-old N.F., on March 8, 1995. Ault admitted…