Martin v. State
Martin v. State
719 So. 2d 1015; 1998 Fla. App. LEXIS 13881; 1998 WL 765356
(Southern Reporter, Second Series)
Martin v. State
Opinion of the Court
A jury trial found appellant guilty of aggravated battery evidencing prejudice. With regard to the prejudice necessary to convict, the trial court charged the jury with a jury instruction similar to the one we disapproved in Abbott v. State, 705 So.2d 923, 924-25 (Fla. 4th DCA 1997). Based on Abbott, we reverse. However, this insufficiency does not require our granting a new trial to appellant who was properly convicted of aggravated battery. As in Abbott, we reverse for resen-tencing only to remove the enhancement under section 775.085, Florida Statutes (1995). See id. at 925.
We affirm the remaining issues raised.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.