Legette v. Commonwealth

FRANK, Judge.

Aaron Mardie Legette (appellant) appeals his conviction of malicious wounding. On appeal, he contends the trial court erred in convicting him and sentencing him for malicious wounding because he was indicted for unlawful wounding. We agree and remand for re-sentencing.

I. PROCEDURAL HISTORY

Appellant was indicted on May 13, 1999, for unlawful wounding. 1 At trial, appellant was arraigned on the unlawful wounding charge. The trial court recited the language of the indictment but did not use the phrase “unlawful wounding.” The trial court did not advise appellant of the penalty for…