State v. Briggs

Summary

The court affirmed Briggs' convictions for two counts of second degree assault, concluding that his challenges to the jury instruction and the sufficiency of the evidence were unpreserved and that the instruction accurately incorporated the common-law meaning of battery. The court also rejected his ineffective-assistance claims concerning the instruction and sentencing because counsel was not deficient on the record presented. However, because a statutory amendment mitigating the habitual-criminal mandatory minimum became effective before final judgment, the court vacated the sentences and remanded for resentencing under the current statute.