Saperito v. State

SHEPARD, Justice.

Appellant Anthony Saperito was convict ed after trial by jury of battery, a class C felony, Ind.Code § 35-42-2-1 (Burns 1985 Repl.). He was sentenced to 2 years imprisonment and his sentence was enhanced by 80 years upon a determination that he was an habitual offender. He raises the following issues in this direct appeal:

1. Whether he should have been discharged pursuant to Criminal Rule 4(B), the speedy trial rule;

2, Whether the evidence was sufficient to convict him of battery;

8. Whether the trial court erred in overruling his motion for mistrial after a witness referred…