Garcia v. State

MILLER, Presiding Judge.

Ernest Garcia is appealing his conviction pursuant to Ind.Code 35-42-2-1(3) for bat*1208tery, a Class C felony, after he admittedly struck and injured one Ricardo Soto at the latter’s apartment. Because the record reveals the charging instrument did not allege the infliction of serious bodily injury or use of a deadly weapon (one or the other being a necessary element of subsection (3) of IC 35-42-2-1), but only that Garcia “did ... unlawfully and feloniously cause bodily injury,” his Class C felony conviction must be reversed, and the cause remanded for modification and…