Jones v. State

OPINION

MAY, Judge.

Leandrew Jones was convicted after two bench trials of battery as a Class C felony, 1 and being an habitual offender. 2 He raises two issues:

1. Whether he knowingly, voluntarily and intelligently waived his right to trial by jury on the habitual offender charge; and

2. Whether the evidence is sufficient to support the conviction of battery as a Class C felony.

We reverse in part, affirm in part, and remand.

FACTS AND PROCEDURAL HISTORY

On April 7, 2003, Jones and his girlfriend, Tseland Copeland, began to fight while playing cards. Jones hit Copeland several times on the head…