D.M. v. State
D.M. v. State
Opinion of the Court
D.M., a juvenile, appeals from a withheld adjudication of delinquency on the charge of felony battery, and probation. We reverse the trial court's finding of great bodily harm, and affirm the trial court's denial of D.M.'s theory of self-defense.
The then-thirteen-year-old defendant D.M. was on the school bus sitting in front of the twelve-year-old victim L.M. and another middle school student. D.M. testified that someone behind him was tapping or hitting him on the back of his head repeatedly, tapping him repeatedly harder. D.M. turned around and the actual aggressor, who was sitting next to L.M., pointed to L.M. D.M. then hit L.M. in the jaw with his fist, got up and moved to another seat on the school bus. L.M. testified that he started to cry, and when he got home, one of his lower teeth fell out, and another was allegedly loosened. The State charged D.M. with felony battery.
L.M. and D.M. both testified at the trial. L.M. testified that the aggressor "tapped" D.M., and D.M. testified that the aggressor "hit" D.M. in the back of the head. The tooth that D.M. knocked loose from L.M.'s mouth turned out to be a baby tooth. The adult tooth grew in and filled the spot. L.M. did not seek medical care at the time of the incident, and he testified that his jaw was not swollen or sore, but just red.
The defense twice moved for judgment of dismissal, arguing that the evidence of the loss of a baby tooth did not support the element of felony battery requiring proof of "great bodily harm," but at best supported a charge of simple battery, a misdemeanor. The defense agreed that whether the defendant caused great bodily harm is typically a question of fact for the jury, but also argued that a jury's [or trial court's] finding of great bodily harm must be supported by competent, substantial evidence. The trial court denied the defense motions for judgment of dismissal, and at the end of argument, held the loss of the baby tooth to be great bodily harm, and found D.M. guilty of felony battery.
*1098Florida Statutes section 784.041 (2017) provides that a person commits felony battery if he or she: a) actually or intentionally touches or strikes another person against the will of the other; and b) causes great bodily harm, permanent disability, or permanent disfigurement. "Great bodily harm defines itself and means great as distinguished from slight, trivial, minor, or moderate harm, and as such does not include mere bruises as are likely to be inflicted in a simple assault and battery...." Owens v. State,
Under the facts presented in this appeal, the State failed to prove beyond a reasonable doubt that D.M. caused great bodily harm, permanent disability or permanent disfigurement, elements of the charge of felony battery. Although whether a defendant caused great bodily harm is a question of fact, that finding must be supported by competent substantial evidence, and here it is not. See, e.g., Melendez v. State,
We are mindful that in moving for a judgment of dismissal, the movant (here, the defense) "admits not only the facts stated in the evidence adduced, but also admits every conclusion favorable to the adverse party that a jury might fairly and reasonably infer from the evidence" Beasley v. State,
Reversed and remanded.
The trial court concluded, "With regard to the issue at hand I have considered the arguments that the loss of a tooth, because it's a baby tooth, does not amount to great bodily harm, the statute reads great bodily harm or great bodily harm, permanent injury or permanent disfigurement. Does it not? And therefore I do find that loss of the baby tooth is, a loss of a tooth is a loss of a tooth, and under the facts presented I do find great bodily harm."
This a case of simple battery at best. It really should not have gotten to the trial court at all, but should have been resolved by the school authorities and the parties.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.