Allen v. State

KHOUZAM, Judge.

John Allen appeals his judgment and sentences for aggravated battery and felony criminal mischief. The State concedes error with respect to Allen’s claim that the evidence was insufficient to support his mischief conviction. We reverse Allen’s conviction and sentence for felony criminal mischief. We decline to address the remaining issues raised by Allen and otherwise affirm.

The charges in this case stem from Allen’s battery of another patron at a bar. During the altercation, a bystander attempted to separate Allen from the victim. In the scuffle, a portion of the bar was…