¶1concurring in part and dissenting in part.
¶2I agree with the majority that Edmond failed to establish that Walton’s trial testimony was offered for the sole purpose of impeaching him with a prior statement. I further agree that even if it was error to admit such testimony, the error was harmless. However, I am unable to fully concur because I believe it necessary to sua sponte note that the conviction for Battery as a Class C felony should be vacated.
¶3Following the trial, the court specifically entered judgment upon the Battery conviction, as well as upon the convictions for Voluntary Manslaughter and Attempted Murder. Although the trial court found that the Battery conviction “merges” with the Attempted Murder count, and did not impose a sentence upon the Battery conviction, such withholding of sentence is not adequate.
¶4The judgment of conviction for Battery remained in place and must be vacated. Carter v. State, 750 N.E.2d 778 (Ind.2001); Kochersperger v. State, 725 N.E.2d 918 (Ind.Ct.App.2000); Spry v. State, 720 N.E.2d 1167 (Ind.Ct.App.1999), trans. denied; Cohen v. State, 714 N.E.2d 1168 (Ind.Ct.App.1999), trans. denied.