Martin v. State

NORTHCUTT, Judge.

Dwayne Martin appeals his convictions for aggravated battery and grand theft. We affirm the grand theft conviction with out further comment, but we reverse the aggravated battery conviction and remand for a new trial.

The charges stemmed from the theft of three all-terrain vehicles (ATVs) and Martin’s subsequent encounter with Carl Wiggins, an acquaintance who had implicated him in the theft. Prior to the encounter, Martin was arrested and charged with grand theft, burglary, and criminal mischief. He later received discovery that included the owner’s report of the ATV theft…