Smith v. State

YOUNG, Judge.

Appellant-defendant Pecola Smith was convicted of battery, a Class A misdemean- or. We have restated her issues on appeal as follows:

1. Was the evidence sufficient to support conviction?

Did the trial court err in setting restitution without receiving evidence of actual loss sustained, determining Smith's ability to pay, or fixing the manner of payment?

Smith first argues that the evidence was insufficient to support her conviction. On appeal, we will neither reweigh the evidence nor assess the credibility of witnesses and will review only the facts most favorable to the state.…