State v. Cruz

GENOVESE, Judge.

|¶ In this criminal case, Defendant, Darren Ross Cruz, appeals his second degree battery conviction, alleging trial court error in denying his motion for new trial. Due to an existing error patent, we must vacate Defendant’s sentence and remand the matter to the trial court for disposition of his motion for new trial and for resen-tencing, if necessary.

FACTS AND PROCEDURAL HISTORY

On or about August 7, 2011, an altercation involving Defendant and Dustin J. Landry occurred, wherein Mr. Landry sustained serious bodily injury. Defendant was charged by grand jury indictment with…