Kindle v. State

Defendant-appellant Kindle was convicted of malicious trespass and assault and battery. His appeal from the overruling of his Belated Motion to Correct Errors raises the following issues:(1) Whether appellant was denied effective assistance of counsel;(2) Whether appellant knowingly and voluntarily waived his right to trial by jury; and(3) Whether the trial court erred in overruling appellant’s Belated Motion to Correct Errors without first conducting an evidentiary hearing.

Kindle was tried without a jury, found guilty as charged, and sentenced for a period of 90 days. Thereafter, his trial…