Rogers v. State

OPINION

MAY, Judge.

Joshua Rogers appeals his convictions after a bench trial of eriminal recklessness as a Class D felony 1 and battery, as a Class A misdemeanor. 2 He raises four issues for appeal, which we consolidate and restate as:

1. Whether the trial court properly admitted hearsay testimony based on the excited utterance exception to the hearsay rule;

2. Whether the State presented sufficient evidence to convict Rogers of erimi-nal recklessness; and

3. Whether the trial court erred when it sentenced Rogers.

We affirm in part and reverse in part.

FACTS AND PROCEDURAL HISTORY

On November 13,…