Battles v. State

Bell, Presiding Justice.

The appellant, Joseph Battles, was found guilty of the felony murder and aggravated assault of Eric Williams. Because aggravated assault was charged as the underlying felony for felony murder, the trial court only sentenced Battles for felony murder (to life in prison). Battles appeals, contending that the trial court erred by, Battles alleges, instructing the jury that Battles could receive a probated sentence if the jury convicted him of murder; that we should adopt the merger rule, which precludes the use of aggravated assault as the underlying felony for felony…