Craig v. State

GIVAN, Chief Justice.

Appellant was charged with Robbery, a Class A felony, and Battery, a Class C felony, and was further alleged to be an habitual criminal,. At the close of the State's case-in-chief appellant moved to dismiss the Battery charge, claiming that it should be treated as a lesser included offense of the charge of Robbery. The trial court granted his motion. Appellant was convicted of the lesser included charge of Battery on the Robbery count and was also found to be an habitual criminal. He was sentenced to two (2) years on the Battery charge to which was added thirty (80) years…