Elrod v. State

DOYLE, Presiding Judge.

Billy Scott Elrod was convicted of cruelty to a child in the first degree.1 He appeals, alleging that the trial court erred by overruling his objection to portions of the testimony of one of the State’s expert witnesses and by refusing to charge the jury on the lesser included offense of simple battery. He also contends that trial counsel provided ineffective assistance by failing to call an expert witness to rebut the testimony of the State’s expert witness. Finding no error, we affirm the judgment of conviction but remand the case to the trial court for a hearing on…