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Disfigurement sufficient to affirm aggravated battery conviction

April 9, 2013

The Indiana Court of Appeals on Tuesday affirmed a Marion Superior Court conviction in a 2012 stabbing and the 20-year sentence enhancement the perpetrator received.

An altercation between three men escalated until one of the victims was stabbed multiple times by Virgil Cornelious. The victim was treated for cuts on his hand, nose, face, neck and arm and required more than 200 stitches and staples.

A jury convicted Cornelious of Class B felony aggravated battery and sentenced him to 10 years in prison. Sentencing was enhanced with a habitual offender determination for a total sentence of 30 years in prison.

In Virgil D. Cornelious v. State of Indiana, 49A04-1206-CR-335, Cornelious argues that the evidence was insufficient to support a conviction and challenges the habitual offender enhancement.

“The State presented sufficient evidence Cornelious committed Class B felony aggravated battery because Vaughn’s injuries resulted in serious permanent disfigurement,” Judge Melissa May wrote for the court. “Additionally, the trial court did not abuse its discretion when it enhanced Cornelious’ sentence by twenty years based on his adjudication as an habitual offender. Accordingly, we affirm.”

 

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