State v. D'ACQUISTO

Domonic D’Acquisto (D’Acquisto) seeks review of a court of appeals’ decision that denied his request for discretionary reversal of his conviction of being a party to the crime of aggravated battery as a result of an assault on the victim James Schoemperlen (Schoemperlen). D’Acquisto argues, and we agree, that the court of appeals applied an erroneous standard in denying his request for discretionary reversal. Nonetheless, we affirm the court of appeals’ decision because we conclude that it reached the correct result in holding that the real controversy was fully tried.

Schoemperlen was driving…