Supreme Court of Florida

In a conviction of defendant for simple battery, aggravated battery with a deadly weapon, and aggravated battery by causing great bodily harm, because the defendant was specifically convicted of an offense based on elements that were never charged, and because fundamental error occurred in this case, the portion of the Second District court's decision affirming the conviction for aggravated battery by causing great bodily harm is quashed and remanded with instructions to direct the entry of a verdict for the lesser included offense of simple battery.

Appellate Information

• Decided 12/09/2010
• Published 12/09/2010

Judges

• Array

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• James Marion Moorman, Bill McCollum