Emerson v. State

OPINION

KIRSCH, Judge.

Henry Emerson was convicted of one count of battery1 as a Class C felony, one count of battery as a Class B misdemeanor, and found to be an habitual offender.2 Emerson appeals the denial of his petition for postconviction relief, raising four issues. We address only one of the issues because it is dispositive and warrants reversal. It is whether the trial court committed fundamental error when it instructed the jury on the elements of the felony battery charge.

FACTS AND PROCEDURAL HISTORY

The facts most favorable to the verdict reveal that on the evening of July 25, 1986,…