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Alexander v. State

Court of Appeals of Indiana

July 28, 2014

BOBBY ALEXANDER, Appellant-Defendant,
v.
STATE OF INDIANA, Appellee-Plaintiff

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Lisa Borges, Judge. Cause No. 49G04-1103-FA-15328.

ATTORNEY FOR APPELLANT: VICTORIA L. BAILEY, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, AARON J. SPOLARICH, Deputy Attorney General, Indianapolis, Indiana.

PYLE, Judge. VAIDIK, C.J., and KIRSCH, J., concur.

OPINION

Page 918

PYLE, Judge

STATEMENT OF THE CASE

Bobby Alexander (" Alexander" ) appeals, following a jury trial, one of his two convictions for Class B felony aggravated battery.[1]

We reverse and remand.

ISSUE

Whether sufficient evidence supports one of Alexander's aggravated battery convictions.

FACTS

On March 4, 2011, Alexander used a semiautomatic rifle to shoot at a car containing four individuals. As a result of the shooting, Alexander injured two of the individuals, Ryan Little (" Little" ), who was driving the car, and Robert Seger (" Seger" ), who was in the front passenger seat. The State charged Alexander with two counts of Class A felony attempted murder and two counts of Class B felony aggravated battery. In relevant part for this appeal, the State charged Alexander with aggravated battery as follows:

Count III
Bobby Alexander, on or about March 4, 2011, did knowingly inflict injury, that is: a grazing gunshot wound to the back, on another person, namely: Ryan Little, ...

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