Elsasser v. State

McFadden, Judge.

A jury found Brian Elsasser guilty of two counts of simple battery, as lesser included offenses of aggravated battery, criminal damage to property in the second degree and disorderly conduct. The trial court ruled that the two simple battery counts merged for purposes of sentencing and imposed a total sentence of twelve months to serve in a work-release program, followed by six years on probation. The trial court also ordered restitution as part of the sentence, requiring Elsasser to pay the victim’s medical expenses. Elsasser appeals, challenging the restitution order and the…