Arrestable Offenses / Crimes under Fla. Stat. 784.045
S784.045 1a1 - AGGRAV BATTERY - AGGRAV BATTERY CAUSE BODILY HARM OR DISABILITY - F: S
CopyCited 392 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 11629, 2003 WL 21350097
...McCormick admits he was wearing a green shirt on 17 May.
5
Under Florida law, a simple battery becomes an aggravated battery when a person knowingly
or intentionally “causes great bodily harm” or “[u]ses a deadly weapon.” Fla. Stat. § 784.045.
“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 ....
...And a stick also may
be considered a deadly weapon, depending upon the circumstances in which it was used. Lindsay
v. State,
64 So. 501, 501 (Fla. 1914)(stating that large stick may constitute deadly weapon in context
of aggravated assault).
An aggravated battery is a felony in Florida. Fla Stat. §
784.045.
5
Officer Welker testified that he entered the Laundry and saw two men
standing next to McCormick.6 Officer Welker asked where was the assailant, and
the men standing next to McCormick backed away and indicated that McCormick
was the person in question....
CopyCited 261 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 445
...[8] We emphasize that our holding applies only to separate punishments arising from one act, not one transaction. An act is a discrete event arising from a single criminal intent, whereas a transaction is a related series of acts. [1] §
777.04(1), Fla. Stat. (1985), attempts; §
782.07, Fla. Stat. (1985), manslaughter; §
784.045, Fla....
CopyCited 161 times | Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 9678
...would void Lapaix’s asylum status.2
1
(1)(a) A person commits aggravated battery who, in committing battery:
. . . 2. Uses a deadly weapon. . . . (2) Whoever commits aggravated battery shall be guilty of a
felony of the second degree. Fla. Stat. §784.045
2
Particularly serious crimes render aliens ineligible for asylum and withholding of
removal....
CopyCited 112 times | Published | Supreme Court of Florida | 1989 WL 34342
...The committee, therefore, proposes adding another new paragraph as follows: 11. The victim of the crime for which the defendant is to be sentenced was an elected or appointed official engaged in the performance of his official duties and the crime was related, in whole or in part, to the victim's official capacity. 2. Section 784.045, Florida Statutes, was amended by Chapter 88-344, § 3, Laws of Florida, to create a new aggravated battery offense....
...tated) murder (depraved mind) (felony) murder
782.04(1) murder
782.04(2)
782.04(3) Manslaughter
782.07 Third degree (felony) murder
782.04(4) Attempt Vehicular homicide
782.071 Culpable negligence
784.05(2) Aggravated battery
784.045 Aggravated assault
784.021 Battery
784.03 Assault
784.011 [**] First degree (felony) None Attempt murder
782.04(1) Second degree Second degree (depraved (depraved mind) murder mind) [***] murder
782.04(2)
782.04(2) Manslaughter
782.07 Second degree (felony) murder
782.04(3) Third degree (felony) murder
782.04(4) *1234 Manslaughter
782.07 Aggravated battery
784.045 Aggravated assault
784.021 Battery
784.03 Assault
784.011 [****] Second degree (depraved Manslaughter
782.07 Third degree (felony) mind) murder murder
782.04(4)
782.04(2) Attempt Vehicular homicide
782.071 Culpable negligence
784.05(2) Aggravated battery
784.045 Aggravated assault
784.021 Battery
784.03 Assault
784.011 [****] Second degree (felony) None Third degree murder
782.04(3) (felony) murder
782.04(4) Attempt Third degree (felony) None Attempt murder 784.04(4) Aggravated assa...
...)(a) Improper exhibition of dangerous weapon or firearms
790.10 Discharging firearms in public
790.15 Aggravated assault Assault
784.011 Attempt
784.021(1)(b) Battery
784.03 None Attempt Aggravated battery Battery
784.03 Attempt
784.045(1)(a) *1235 Aggravated battery Battery
784.03 Attempt
784.045(1)(b) Improper exhibition of dangerous weapons or firearms
790.10 Discharging firearms in public
790.15 Culpable negligence Culpable negligence None
784.05(2)
784.05(1) Assault of law None Attempt enforcement officer
784.07(2)...
...n; penalty charged)
790.23 *1236 Carrying concealed firearm
790.01(2) Carrying concealed weapon
790.01(1) Sexual battery Battery
784.03 Attempt
794.011(2) Assault
784.011 Aggravated assault
784.021(1)(a) Aggravated battery
784.045(1)(a) Sexual battery Battery
784.03 Attempt
794.011(3) Aggravated battery
784.045(1)(a) Aggravated assault
784.021(1)(a) Assault
784.011 Sexual battery
794.011(4) Sexual battery 795.011(5) Sexual battery Battery
784.03 Attempt
794.011(4) Aggravated assault
784.021(1)(a) Assault
784.011 Sexual batter...
...2d DCA 1973) *1238 Robbery with a weapon Robbery
812.13(2)(c) Attempt
812.13(2)(b) Petit theft Grand theft 1st degree
812.014(2)(e)(d)
812.014(2)(a) Grand theft 2d degree
812.014(2)(b) Grand theft 3d degree
812.014(2)(c) Battery
784.03 Aggravated battery
784.045 Assault
784.011 Aggravated assault
784.021 Extortion
836.05 See Davis v....
CopyCited 100 times | Published | Supreme Court of Florida
...e attempt to perpetrate," any felony other than those enumerated in statutory subsection
782.04(4).
782.04(4), Fla. Stat. (1993). Aggravated battery is a second-degree felony that is not enumerated in subsection (4) of section
782.04. See id.;
784.045(2), Fla. Stat. (1993). Under section
784.045 of the Florida Statutes, "[a] person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant."
784.045(1)(b), Fla....
CopyCited 61 times | Published | Supreme Court of Florida | 2001 WL 169675
...great bodily harm with a firearm (Count III), and robbery with a firearm (Count IV). Counts I and II are both life felonies. See §§
782.04(1)(a),
777.04(4)(b),
775.087(1)(a),
782.051(1), Fla. Stat. (1997). Count III is a first-degree felony. See §§
784.045(1)(a)1,
775.087(1)(b), Fla....
...he victim; and (2) in committing the battery, the defendant intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement to the victim and used a deadly weapon. See Fla. Std. Jury Instr. (Crim.) 122; see also § 784.045(1)(a)1, Fla....
CopyCited 58 times | Published | Supreme Court of Florida | 2004 WL 742099
...ring a robbery and injures a victim or bystander. [4] For example, the State could charge such an offender with one count of robbery *415 under section
812.13(2)(c) (enhanced by section
775.087(1)) and with a second count of aggravated battery under section
784.045, Florida Statutes (2002)....
CopyCited 50 times | Published | Supreme Court of Florida | 2001 WL 197003
...antial bodily harm" was a "gross misdemeanor" in that state, such conviction nevertheless constitutes an aggravating circumstance in this case because it is analogous to the Florida offense of aggravated battery, which is a second-degree felony. See § 784.045(2), Fla.Stat....
...n
784.03(1)(a), Florida Statutes (1997), provides that a battery occurs when a person (1) "Actually and intentionally touches or strikes another person against the will of the other;" or (2) "Intentionally cause bodily harm to another person," while section
784.045(1)(a), Florida Statutes (1997) provides that "[a] person commits aggravated battery who, in committing a battery: 1....
CopyCited 43 times | Published | Court of Appeals for the Eleventh Circuit | 2007 U.S. App. LEXIS 11347, 2007 WL 1412239
..._______
(May 15, 2007)
Before ANDERSON, BARKETT and KRAVITCH, Circuit Judges.
PER CURIAM:
The issue presented here is whether the offense of aggravated battery on a
pregnant woman, in violation of Fla. Stat. § 784.045(1)(b), constitutes a “crime of
violence” under § 2L1.2 of the U.S....
...§ 2L1.2(b)(1)(A), the court admitted into evidence
the charging documents and consolidated final judgment for Llanos-Agostadero’s
convictions for aggravated battery on a pregnant woman. The court then examined
the Florida statute defining the offense of aggravated battery on a pregnant woman,
Fla. Stat. § 784.045, determined that this offense met the definition of felonious
battery, in violation of Fla....
...1254, 1259-63,
161 L.Ed.2d 205
(2005).
Under Florida law, aggravated battery on a pregnant woman is committed “if
the person who was the victim of the battery was pregnant at the time of the
offense and the offender knew or should have known that the victim was
pregnant.” Fla. Stat. §
784.045(1)(b) (emphasis added)....
...ntentionally touches or strikes another person”
against the latter’s will, or “[i]ntentionally causes bodily harm to another person.”
Small v. State,
889 So. 2d 862, 863 (Fla. Dist. Ct. App. 2004) (construing Fla. Stat.
§§
784.03(1)(a),
784.045(1)(b)).
This court has yet to address the issue of whether aggravated battery on a
pregnant woman, in violation of Fla. Stat. §
784.045(1)(b), constitutes a crime of
violence under U.S.S.G....
...e of violence,” as this court held in
Glover,
431 F.3d at 749, while simple battery on a pregnant woman (which
constitutes aggravated battery) is not. We therefore conclude that aggravated
battery on a pregnant woman, in violation of Fla. Stat. §
784.045(1)(b), is a crime
of violence under U.S.S.G....
CopyCited 42 times | Published | Supreme Court of Florida
...Child Abuse consecutive thereto." [2] Article V, Section 3(b)(1), Florida Constitution. [3] Instructions were requested by Appellant on assault and battery, §
784.03, F.S. (1973); aggravated assault, § 784.04, F.S. (1973); and aggravated battery, §
784.045, F.S....
CopyCited 42 times | Published | Court of Appeals for the Eleventh Circuit
instructions for aggravated battery under Fla Stat. §
784.045 similarly provide that "[a] weapon is a 'deadly
CopyCited 42 times | Published | Supreme Court of Florida | 2005 WL 977019
...the question of why he was not convicted of the more serious first-degree felony of "aggravated battery" by a detainee described in section
784.082(1). The difference between the two crimes, in part, can be based on the degree of victim injury. See §
784.045(1)(a)1., Fla....
CopyCited 39 times | Published | Court of Appeals for the Eleventh Circuit
that the victim was pregnant. Fla. Stat. §
784.045 . We've held that a Florida aggravated battery
CopyCited 36 times | Published | Supreme Court of Florida | 2007 WL 2002611
...Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment Section
782.051(3), Fla. Stat., applies only where the defendant was committing or attempting to commit a felony enumerated in section
782.04(3). This instruction was adopted in 2007. 8.4 AGGRAVATED BATTERY §
784.045, Fla....
...Give if 2b alleged. A weapon is a "deadly weapon" if it is used or threatened to be used in a way likely to produce death or great bodily harm. Lesser Included Offenses -------------------------------------------------------------------------- AGGRAVATED BATTERY 784.045(1)(a) -------------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
...---- *314 Comment The lesser included offense of Felony Battery is only applicable if element 2a is charged and proved. This instruction was approved in 1981 and amended in 1989 [
543 So.2d 1205], and 2007. 8.4(a) AGGRAVATED BATTERY (Pregnant Victim) §
784.045, Fla....
...(Victim) was pregnant at the time. 3. (Defendant) in committing the battery knew or should have known that (victim) was pregnant. Lesser Included Offenses ----------------------------------------------------------- AGGRAVATED BATTERY (PREGNANT VICTIM) 784.045(1)(b) ----------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA....
...ICER], [FIREFIGHTER], ETC.
784.07(2)(d) ---------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ---------------------------------------------------------------------- Aggravated battery
784.045 8.4 ---------------------------------------------------------------------- Felony battery
784.041 8.5 ---------------------------------------------------------------------- Battery on
784.07(2)(b) 8.11 enforcement officer --------------------...
...YEARS OF AGE OR OLDER
784.08(a2)(a) ------------------------------------------------------------------------ CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. ------------------------------------------------------------------------ Aggravated battery
784.045 8.4 ------------------------------------------------------------------------ Felony battery
784.041 8.5 ------------------------------------------------------------------------ Battery on person 65
784.08(2)(c) 8.16 years of age or older ----...
...- Assault
784.011 8.1 ------------------------------------------------------------------------------------- Aggravated assault
784.021(1)(a) 8.2 ------------------------------------------------------------------------------------- Aggravated battery
784.045(1)(a) 8.4 ------------------------------------------------------------------------------------- Comment This instruction was adopted in 1981 and was amended in 1987 [
508 So.2d 1221], and 1995 [
657 So.2d 1152], and 2007, by adding 3(a) and 3(b) pursuant to Glover v....
...-------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. --------------------------------------------------------------- Burglary
810.02(4) 13.1 --------------------------------------------------------------- Aggravated battery
784.045 8.4 --------------------------------------------------------------- Battery
784.03 8.3 --------------------------------------------------------------- Aggravated assault
784.021 8.2 ------------------------------------------------------------...
CopyCited 36 times | Published | Supreme Court of Florida | 1991 WL 6560
...[1] The issue is whether section
775.087(1) of the Florida Statutes (1985) authorizes a trial court to reclassify aggravated battery from a second-degree felony to a first-degree felony when the defendant uses a deadly weapon to commit the offense defined in section
784.045(1)(a) of the Florida Statutes (1985)....
...[4] The trial court agreed with the state and sentenced Lareau to four years' imprisonment, including the three-year minimum mandatory term. The district court affirmed the sentence. Lareau v. State,
554 So.2d 638 (Fla. 4th DCA 1989). Lareau claims that the offense to which he pled was a second-degree felony based on section
784.045(2) of the Florida Statutes (1985), which provides:
784.045 Aggravated battery....
...(2) Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. (Emphasis supplied.) The state argues that Lareau pled guilty to aggravated battery causing great bodily harm pursuant to section
784.045(1)(a), and not to aggravated battery with the use of a deadly weapon pursuant to section
784.045(1)(b); that his use of a firearm thus was incidental to the offense to which he pled; and that because the use of a weapon or firearm was not an element of section
784.045(1)(a), the trial court appropriately reclassified the crime as a first-degree felony pursuant to section
775.087(1)(b)....
...elony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows: ... . (b) In the case of a felony of the second degree, to a felony of the first degree. By basing Lareau's conviction on section
784.045(1)( a ) and not on section
784.045(1)( b ), the trial and district courts determined, as the state argues here, that the use of a weapon was not an essential element of the crime, and therefore section
775.087(1)(b) could be used to enhance the penalty....
...t subject to being further enhanced by the use of section
775.087(1)." Bradfield,
438 So.2d at 1005. The facts of this case require us to examine the interplay of the reclassification statute, section
775.087(1), with the aggravated battery statute, section
784.045....
...We first note that both provisions took their current form in the same legislative act, chapter 74-383, sections 9, 20, Laws of Florida. There, the legislature created the reclassification statute, section *815
775.087, and substantially reworded the aggravated battery statute by adding to section
784.045 subsection (1)(b) to reclassify as a second-degree felony the misdemeanor crime of simple battery when the battery is committed with a deadly weapon. Both sections
775.087 and
784.045 were intended to serve the same purpose: to increase the punishment of violent felonies as the degree of actual injury or potential for serious injury becomes great....
...ect can be given to each. See, e.g., State ex rel. Fla. Jai Alai, Inc. v. State Racing Comm'n,
112 So.2d 825, 828 (Fla. 1959) (citing Florida State Racing Comm'n v. McLaughlin,
102 So.2d 574, 575 (Fla. 1958)). As we read the two provisions at issue, section
784.045(1)(a) effectively reclassifies as a second-degree felony the crime of simple battery, section
784.03 of the Florida Statutes (1985), when the defendant, without the use of a deadly weapon, knowingly or intentionally causes great bodily harm, permanent disability, or permanent disfigurement. Section
784.045(1)(b) effectively reclassifies as a second-degree felony the crime of simple battery when a deadly weapon is used, by supplementing the statutory definition of aggravated battery to include the use of a deadly weapon. Simple battery, a first-degree misdemeanor, is not subject to reclassification pursuant to section
775.087(1), which applies only to felonies. Aggravated battery with the use of a deadly weapon, section
784.045(1)(b), is not subject to reclassification pursuant to section
775.087(1) because the use of a weapon is an essential element of the crime. However, section
775.087(1) permits reclassification and the consequential enhancement of penalties for the crime of aggravated battery causing great bodily harm, section
784.045(1)(a), when a weapon is used to commit the crime....
...erious injury becomes greater. For example, a simple battery without the use of a deadly weapon is a first-degree misdemeanor (section
784.03); a simple battery involving the use of a deadly weapon is a second-degree felony (statutorily redefined by section
784.045(1)(b) as aggravated battery); aggravated battery causing great bodily harm is a second-degree felony (section
784.045(1)(a)); and aggravated battery causing great bodily harm and involving the use of a deadly weapon is a first-degree felony (section
784.045(1)(a), enhanced by section
775.087(1) by virtue of the use of a weapon or firearm)....
CopyCited 33 times | Published | Supreme Court of Florida | 2000 WL 1424534
.... . . (h) Aggravated child abuse, . . . . [8] Section
827.03, Florida Statutes (1995), provides in relevant part: "(1) Aggravated child abuse is defined as one or more acts committed by a person who: (a) commits aggravated battery on a child." [9] Section
784.045, Florida Statutes (1995), provides in relevant part: (1)(a) A person commits aggravated battery who, in committing battery: 1....
CopyCited 33 times | Published | Florida 5th District Court of Appeal
...dy. [26] See 22 C.J.S. Criminal Law § 283 (1961). [27] The use of firearms and weapons in the commission of crimes is sometimes an essential element of the basic crime, as in aggravated assault, §
784.021(1)(a), Fla. Stat., and aggravated battery, §
784.045(1)(b), but is such a favorite cause for enhancing punishment that it is often compounded by provisions within the statutory prohibition of the basic crime (see section
810.02(2) as to burglary, section
812.13(2) as to robbery, and section...
CopyCited 30 times | Published | Florida 4th District Court of Appeal | 2006 WL 2956549
...2d 366 (Fla. 4th DCA 1999). For example, in Taylor, the trial court committed fundamental error by instructing the jury that it could convict Taylor of aggravated battery if he used a deadly weapon or caused permanent disfigurementseparate violations under section 784.045(1)(a)1....
CopyCited 30 times | Published | Florida 1st District Court of Appeal
...[1] The issue presented is whether Hubler's apparent lack of remorse, his failure to plead guilty, and the trial court's belief that Hubler suborned perjury were impermissible aggravating factors considered by the trial court in sentencing. Hubler was charged with aggravated battery with a deadly weapon in violation of section 784.045(1)(b), Florida Statutes....
CopyCited 28 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 614
...Further, the reason for departure impermissibly duplicates an inherent component of the crime. Because aggravated battery is statutorily defined as "[i]ntentionally or knowingly caus[ing] great bodily harm, permanent disability, or permanent disfigurement, or ... us[ing] a deadly weapon," section
784.045, Florida Statutes (1985), virtually every aggravated battery will involve "a great risk of serious bodily harm and/or death to the victim."
481 So.2d at 32....
CopyCited 27 times | Published | Florida 2nd District Court of Appeal
...s Lavon Sasnett was the protagonist of the Dicks beating; (2) the court erred in admitting evidence of the later threats upon the bar owner; and (3) the injuries inflicted upon Dicks were not sufficient to satisfy the essential statutory (Fla. Stat. 784.045, F.S.A.) elements of: great bodily harm, permanent disability or permanent disfigurement....
...ed by one aiding and abetting in the commission of a crime. As to point three raised by Appellant that Dicks' injuries were not so serious as to constitute great bodily harm, permanent disability, or permanent disfigurement as required by Fla. Stat. 784.045, F.S.A....
CopyCited 26 times | Published | Florida 2nd District Court of Appeal | 1997 WL 386112
...He explained that he had been in the military and handled this weapon as he had been trained to use firearms in the military. IV. AGGRAVATED BATTERY WITH A DEADLY WEAPON Mr. Mitchell was charged with aggravated battery for striking his wife with the pistol and causing two gashes on both sides of her head. Section 784.045(1)(a), Florida Statutes (1993), allows the state to charge aggravated battery either for use of a "deadly weapon" or for intentionally causing a "permanent disability." The state included both theories in the information and in the jury instructions....
CopyCited 25 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 60
...Do those charged with non-capital crimes enjoy this constitutional right as well as those charged with capital crimes?
459 So.2d at 476. We have jurisdiction, article V, section 3(b)(4), Florida Constitution, and answer the question in the negative. Petitioner was charged with aggravated battery under section
784.045(1)(b), Florida Statutes (1983) (battery involving the use of a deadly weapon), and was therefore entitled to have the jury instructed on the necessarily lesser included offense of battery....
CopyCited 25 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 1092, 2009 WL 350624
...If Taylor held that intent to kill is an element of attempted manslaughter, then the crime of attempted manslaughter would, in a sense, be elevated above aggravated battery, even though aggravated battery is statutorily categorized as a more serious offense, punishable to a greater extent. See §
784.045(2) (categorizing aggravated battery as a second-degree felony);
782.07(1) (categorizing manslaughter by act as a second-degree felony);
777.04(4)(d) (providing that the attempt to commit a second-degree felony is a third-degree felony)....
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 17990
...§ 1252(a)(2)(C), this Court lacks jurisdiction to review removal
orders based on a conviction for a crime involving moral turpitude. After review,
we conclude that Sosa-Martinez’s aggravated battery conviction, in violation of
Fla. Stat. Ann. § 784.045, is a crime of moral turpitude under 8 U.S.C....
...During the fight, he stabbed the victim, a rival gang member,
three times with a pocket knife. Sosa-Martinez was charged with attempted second
degree murder. On March 29, 1999, he entered a plea of nolo contendere to a
reduced charge of aggravated battery, in violation of Fla. Stat. Ann. § 784.045.
On May 8, 2001, the INS sent a Notice to Appear to Sosa-Martinez,
charging him as being subject to removal, pursuant to 8 U.S.C....
...f removal.” Galindo-Del Valle v. Att’y
Gen.,
213 F.3d 594, 598 (11th Cir. 2000).2
B. Florida’s Aggravated Battery Statute
As noted earlier, Sosa-Martinez pled nolo contendere to aggravated battery
in violation of Fla. Stat. Ann. §
784.045. Section
784.045 provides that:
(1)(a) A person commits aggravated battery who, in committing
battery:
1. Intentionally or knowingly causes great bodily harm,
permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
Fla. Stat. Ann. §
784.045 (emphasis added)....
...Cir.
1933) (observing that assault with a dangerous weapon “plainly involve[s] moral
turpitude”); see also Matter of Medina, 15 I & N Dec. 611, 613-14 (concluding that
4
In Garcia, this Court held that the inherent nature of aggravated child abuse, in violation
of Fla. Stat. Ann. §§
827.03 and
784.045, constitutes a crime of moral turpitude....
CopyCited 23 times | Published | Florida 2nd District Court of Appeal | 2000 WL 668492
...direct appeal. If the trial court resentences the defendant, the defendant is entitled to file a new appeal from the new sentence. Remanded for reconsideration of sentencing in accordance with Heggs. WHATLEY and CASANUEVA, JJ., Concur. NOTES [1] See § 784.045(1)(b), Fla....
CopyCited 22 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1195
..." is defined as one or more acts committed by a person who: (a) Commits aggravated battery on a child; (b) Willfully tortures a child; (c) Maliciously punishes a child; or (d) Wilfully and unlawfully cages a child. "Aggravated battery" is defined by section 784.045: (1) A person commits aggravated battery who, in committing battery: (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) Uses a deadly weapon....
...il, or a fine of $500, or both). Ch. 71-136, Laws of Fla. Chapter 74-383, Laws of Florida, substantially reworded the statutes proscribing assault (section
784.011), aggravated assault (section
784.021), battery (section
784.03), aggravated battery (section
784.045), and culpable negilgence (section
784.05)....
CopyCited 21 times | Published | Florida 1st District Court of Appeal | 1999 WL 534733
...According to section
827.03(2)(a), Florida Statutes (1997), aggravated child abuse, a second-degree felony, happens when a person "[c]ommits aggravated battery on a child." A battery is "aggravated" when the perpetrator "[i]ntentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement." §
784.045(1)(a)1, Fla....
CopyCited 21 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 710, 2010 Fla. LEXIS 2080, 2010 WL 4977507
...y, each against a different victim. Under Florida law, an aggravated battery may be committed either by causing great bodily harm to the victim in the course of committing a battery, or by committing a battery through the use of a deadly weapon. See § 784.045(1)(a)1.-2., Fla....
...l. [3] In the present case, there is no question that the defendant was convicted of an offense that was never charged. The information charged Jaimes with committing a battery against Richard Miller, and that he did so by using a deadly weapon. See § 784.045(1)(a)2....
...However, the jury was erroneously instructed that it could convict Jaimes of aggravated battery if it determined that, in the course of committing a battery, Jaimes had caused Miller great bodily harm, permanent disability, or permanent disfigurement. See § 784.045(1)(a)1....
...s charged in the information. Although the information charged Jaimes with committing an aggravated battery by using a deadly weapon, the jury explicitly based its verdict on its determination that Jaimes had caused the victim great bodily harm. See § 784.045(1)(a)1.-2....
...See §
784.03. To convict Jaimes of aggravated *452 battery, the jury was required to find, first, that Jaimes had committed each element of simple battery under section
784.03, and second, that Jaimes had committed the battery by using a deadly weapon. See §
784.045....
CopyCited 20 times | Published | Florida 5th District Court of Appeal | 1998 WL 601299
...ilty of attempted manslaughter and aggravated battery with a firearm. The trial court's first instinct was correctthis was a case for the jury to decide and the jury's verdict should be upheld. NOTES [1] §§
777.04,
782.07; Fla. Stat. (1993). [2] §
784.045, Fla....
CopyCited 20 times | Published | Supreme Court of Florida | 1998 WL 268052
...y." Section
784.03(1), Florida Statutes (1995), provides that "A person commits battery if he: (a) Actually and intentionally touches or strikes another person against the will of the other; or (b) Intentionally causes bodily harm to an individual." Section
784.045(1)(a), Florida Statutes (1995), provides: "A person commits aggravated battery who, in committing battery: 1....
CopyCited 20 times | Published | Supreme Court of Florida | 2001 WL 101658
...Thus, I urge the Legislature to consider the propriety of criminalizing this specific type of misconduct through a separate statute to cover the circumstance of a motorist who utilizes his or her motor vehicle to intentionally *970 strike a motor vehicle knowing it to be occupied. NOTES [1] Section 784.045(1)(a), Florida Statutes (1999), provides: A person commits aggravated battery who, in committing battery: 1....
CopyCited 18 times | Published | Supreme Court of Florida | 13 Fla. L. Weekly 591
...oth a homicide and an attendant felony may not be consistent with logic and justice even though it is consistent with law, section
775.021(4). I refer specifically to crimes such as battery (section
784.03, Florida Statutes), and aggravated battery (section
784.045, Florida Statutes), which directly cause the death of the victim....
CopyCited 18 times | Published | Florida 2nd District Court of Appeal | 2007 WL 750523
...Perhaps the State could charge such acts as aggravated battery, but that crime is intended to punish intentional acts that result in "great bodily harm, permanent disability, or permanent disfigurement"; it is not intended to punish intentional acts that result in death. See § 784.045(1)(a)(1), Fla....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 1996 WL 16558
...State,
655 So.2d 1290, 1292 (Fla. 5th DCA 1995). Therefore, we reverse and remand for a new trial on the charge of leaving the scene of an accident with injuries. AFFIRMED in part; REVERSED in part and REMANDED for a new trial. COBB and GRIFFIN, JJ., concur. NOTES [1] §
784.045(1)(a)(2), Fla....
CopyCited 16 times | Published | Florida 1st District Court of Appeal
...Such argument is, of course, without merit inasmuch as Section
775.087(1), by its own explicit terms, has no application to offenses in which the use of a weapon is already an essential element. The information specifically charged the defendant with aggravated battery under Section
784.045(1)(b)....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal
...titutes reversible error requiring a new trial as to both the battery and firearm convictions. I The facts pertinent to the above issue are as follows. The defendant Ricardo Redondo who was charged in a two-count information with aggravated battery [§ 784.045, Fla....
...City of Gulfport,
103 So.2d 115 (Fla. 1958); Sands v. State,
328 So.2d 563 (Fla. 3d DCA 1976). [1] It is obvious that this is what the jury did. If Redondo, as it concluded, committed a battery, it must have been an aggravated battery as defined by §
784.045(1)(b), F.S., since a "deadly weapon," a firearm, was used....
CopyCited 16 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 123
...Applying Baker to the instant case, we find that the district court reached both a wrong result and a correct result. The state charged Boivin with attempted first-degree murder (sections
777.04 and
782.04, Florida Statutes (1979)), aggravated battery (section
784.045, Florida Statutes (1979)), and possession of a firearm in commission of a felony (section
790.07, Florida Statutes (1979))....
CopyCited 16 times | Published | Florida 5th District Court of Appeal
...e constituted a violation of the statute although the accusatorial pleading described but one of many alternative factual events proscribed in the one statute. Thus if one is tried for aggravated battery by committing a battery with a deadly weapon, § 784.045(1)(b), Fla. Stat. (1979), and is convicted or acquitted, he cannot thereafter be tried as to the same factual event for aggravated battery by committing a battery causing great bodily harm. § 784.045(1)(a), Fla....
...ttal to substantial danger of a new prosecution for the same offense. [6] If set forth in separate statutes, so as to be separate "offenses," many of the alternative prohibited factual events in many statutes (such as the aggravated battery statute, § 784.045(1), Fla....
CopyCited 16 times | Published | Florida 1st District Court of Appeal
...entionally causes bodily harm to another (Section
784.03(1)(b), Florida Statutes) and that the crime of aggravated battery is committed if in committing a battery a person intentionally or knowingly causes great bodily harm, or uses a deadly weapon (Section
784.045(1)(a)), and that the element of touching or striking "against the will" of the victim is of no consequence unless the state is attempting to prove battery under Section
784.03(1)(a)....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 1994 WL 19076
...Defendant complains of improper admission of evidence concerning the police officer's injuries and improper prosecutorial argument concerning the veracity of the police officer's testimony. We reverse. The defendant was charged pursuant to sections
784.045(1) and
784.07(2)(d), Florida Statutes (1991) with aggravated battery on a police officer by using a deadly weapon while committing the battery. The alleged deadly weapon was defendant's pit bull. The critical factual dispute was whether the defendant intentionally dropped the leash, allowing his dog to bite the police officer. Pursuant to section
784.045(1)(a), Florida Statutes (1991), there are two ways that a person can commit aggravated battery: (a) by intentionally or knowingly causing great harm, permanent disability or permanent disfigurement while committing a battery or (b) by using a deadly weapon while committing a battery....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal
...At the station, the police advised the relator of his Miranda rights and obtained a statement from him. He was not placed in a cell, nor was he fingerprinted. The relator was then allowed to leave without being placed under arrest. On March 14, 1977, the relator was indicted for aggravated battery in violation of Section 784.045(1)(b), Florida Statutes (1975)....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 2005 WL 1335901
...Aggravated battery can be committed in any of three ways: (1) intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement; or (2) using a deadly weapon; or (3) committing a battery on a victim who is known to be pregnant. § 784.045, Fla....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 1999 WL 17813
...Aggravated battery is defined by statute as follows: "A person commits aggravated battery who, in committing battery ... [i]ntentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or ... [u]ses a deadly weapon." § 784.045(1)(a), Fla....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1998 WL 634782
...The state also contends that the dual convictions are not improper because the state is not charging for each separate blow, but instead, for a separate contingencythat the victim was pregnant. While the policy that inspired the legislature to pass section 784.045(1)(b), Florida Statutes, may be to protect the unborn fetus as well as the mother, there is no authority for our treating this aggravated battery section different from aggravated battery charges in sections 784.045(1)(a)1. and 2. for double jeopardy purposes. We note that the victim in section 784.045(1)(b), as worded, is the mother, not the fetus....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2308899
...y touching or striking said person, against said person's will, or by intentionally causing bodily harm to said person, and in committing said battery did actually possess and discharge a deadly weapon, to-wit: a firearm, contrary to Florida Statute
784.045;
775.087.... Mr. Davis argues that this language could not effectively charge him with either form of aggravated battery as set out in section
784.045(1)(a)(1) or (2), Florida Statutes (2002), which provides as follows: (1)(a) A person commits aggravated battery who, in committing battery: 1....
...serious injury becomes greater. For example, a simple battery without the use of a deadly weapon is a first-degree misdemeanor (section
784.03); a simple battery involving the use of a deadly weapon is a second-degree felony (statutory redefined by section
784.045(1)(b) [now
784.045(1)(1)(2)] as aggravated battery); aggravated battery causing great bodily harm is a second-degree felony ...; and aggravated battery causing great bodily harm and involving the use of a deadly weapon is a first-degree felony (section
784.045(1)(a), enhanced by section
775.087(1) by virtue of the use of a weapon or firearm)....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1995 WL 680446
...pty. Accordingly, we reverse the appellant's conviction for aggravated battery, and sentence, and remand for resentencing on the remaining conviction for first degree burglary. REVERSED in part; REMANDED. DAUKSCH and THOMPSON, JJ., concur. NOTES [1] § 784.045(1)(a)(2), Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
...use of a deadly weapon. In charging the jury as to aggravated battery, both as a lesser included offense of the attempted murder of Agent Wimberly and as the alleged aggravated battery on Agent Sears, the court explained a battery and then followed section 784.045, Florida Statutes (1979), to define an aggravated battery as a battery in commission of which a person (a) intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement or (b) uses a deadly weapon....
...crimes charged was greater if they found in their verdict that during the commission of the crimes alleged the accused used a weapon or firearm. As to both of these charges appellant was convicted of aggravated battery with a firearm, a violation of section
784.045(1)(b), Florida Statutes (1979), classified in section
784.045(2), Florida Statutes (1979), as a felony of the second degree and, therefore, under section
775.082(3)(c), Florida Statutes (1979), punishable by imprisonment not exceeding 15 years....
...first degree and imposed two consecutive 30 year sentences under section
775.082(3)(b), Florida Statutes (1979). A problem arises in this case from the fact that there are two separate and distinct types of aggravated battery, i.e., a battery under section
784.045(1)(a) which intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, and a battery under section
784.045(1)(b) which is committed by one who uses a deadly weapon....
...lesser included offense of the attempted murder charge. See Brown v. State,
206 So.2d 377 (Fla. 1968). We hold the allegation "did shoot the said Alan Wimberly with a firearm" to be sufficient to allege a battery committed by use of a deadly weapon (section
784.045(1)(b)), as a lesser included offense of the attempted murder charge....
...efendant carries, displays, uses, threatens or attempts to use any weapon or firearm, expressly excepts from its application to "a felony in which the use of a weapon or firearm is an essential element." [2] Of course, every deadly weapon as used in section
784.045(1)(b), Florida Statutes (1979), (the second type of aggravated battery) is a weapon within the exception in section
775.087(1), Florida Statutes (1979)....
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...Appellant, David Allen Weiss, was the defendant in the trial court and appellee, the State of Florida, was the prosecution. The defendant and a co-defendant, Raymond Russo, both police officers, were charged by information on August 6, 1975, with the crime of aggravated battery, in violation of Section 784.045, Florida Statutes (1973)....
...acquittal in that the state failed to present evidence of injuries consisting of "great bodily harm, permanent disability, or permanent disfigurement" sustained by McWain, which are necessary to support a conviction of aggravated battery pursuant to Section 784.045 Florida Statutes (1973); and (3) the State's introduction of seventeen color photographs of McWain, showing the victim lying in a hospital bed with various tubes and medical paraphernalia attached to his body, the effect of which appellant argues was cumulative and had an inflammatory effect upon the jurors....
CopyCited 13 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 646089, 2013 U.S. App. LEXIS 3782
...In Florida, a person commits aggravated battery by
committing a battery: (1) that intentionally or knowingly causes great bodily harm,
permanent disability, or disfigurement; (2) while using a deadly weapon; or (3)
upon a victim whom the offender knows to be pregnant. Fla. Stat. § 784.045.
We need not belabor the point here because Turner’s conviction—which
stemmed from his stabbing a man in the chest—is indubitably a violent felony
under the elements clause....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1700145
...unity control. He claims the evidence presented at trial was insufficient to establish a prima facie case of guilt against him for the offense of aggravated battery. We agree and reduce the finding of guilt from aggravated battery to simple battery. Section 784.045, Florida Statutes (1999), provides: (1)(a) A person commits aggravated battery who, in committing battery: 1....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2000 WL 707177
...ure to convict and sentence a defendant for each offense he commits during the course of a single criminal episode. Thus, the Legislature clearly intended to separately punish burglary as enhanced and battery as enhanced. See §§
810.02(1), (2)(a),
784.045(1)(a), Fla....
...But if it is for burglary while armed, then the aggravated battery conviction could stand. However, allowing a conviction for aggravated battery to stand and conducting a subsequent prosecution for burglary with a battery, clearly would invoke the double jeopardy bars of the federal and state constitutions. [3] NOTES [1] § 784.045(1)(a), Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 454
...luded punishment for both aggravated battery and battery of a law enforcement officer "when the two offenses arose out of the same battery, and involved the same victim."
489 So.2d at 114. The state argues that under the Blockburger analysis [2] and section
784.045(1)(b), Florida Statutes (1983), aggravated battery and battery on a law enforcement officer are separate offenses, since each requires proof of a statutory element that the other does not....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1990 WL 146801
...Robert A. Butterworth, Atty. Gen., and Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee. JOANOS, Judge. D.C. has appealed from an adjudication of delinquency based on a petition for delinquency alleging aggravated battery, contrary to Section 784.045, Florida Statutes (1989)....
...The fumes from the spray caused the victim to cough so that she could not catch her breath, and she later underwent treatment at a local emergency room before stabilizing. A petition for delinquency was filed alleging that D.C. had committed an aggravated battery against the victim. Section 784.045(1)(a), Florida Statutes (1989) provides that a person commits aggravated battery who, in committing a battery, either intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3034832
permanent disability, or permanent disfigurement. §
784.045(1)(a)(1).[2] Aggravated battery can thus be seen
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1491
...nstitution. Finding no merit to this argument, we affirm. Appellants are correctional officers at the Jackson County Jail. On March 6, 1986, separate two-count informations were filed against each appellant charging him with aggravated battery under section
784.045, a felony, and malpractice by a jailer under section
950.09, a misdemeanor....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1612
...The information upon which appellant went to trial charged appellant with 1) sexual battery and in the process using actual physical force likely to cause serious personal injury, pursuant to section
794.011(3), Florida Statutes (1983), 2) aggravated battery by causing great bodily harm pursuant to section
784.045(1)(a), Florida Statutes (1983)....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 1799, 1989 WL 6906
...A depraved mind is shown when the victim is killed out of malice, ill will, hatred, spite and evil intent. Manuel v. State,
344 So.2d 1317 (Fla.Dist.Ct.App.1977). Aggravated battery is the commission of a battery with a deadly weapon or with the intent to cause great bodily harm. Fla.Stat §
784.045....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 2017 WL 3667647, 2017 U.S. App. LEXIS 16283
...Florida’s felony battery statute was intended to fill a gap between simple battery, which under Florida Statute §
784.03 is committed when the offender subjects his victim to any. type of unwanted physical contact, and aggravated battery, which under Florida Statute §
784.045 is committed when the offender commits a battery and thereby “intentionally or knowingly causes great bodily *1299 harm, permanent disability, or permanent disfigurement” to his victim....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 5890, 2010 WL 1709195
...on a law enforcement officer. Specifically, the defendant argues the trial court committed fundamental error by instructing the jury on an uncharged alternative theory of aggravated battery. We disagree. We affirm the defendant's conviction holding section 784.045, Florida Statutes (2008), creates two, not four, distinct aggravated battery crimes and that the trial court properly instructed the jury under the first of the two distinct crimes. Defendant's Argument The defendant raises a detailed argument that reversal is warranted because he may have been convicted of a crime he was not charged with committing. His argument is: (1) Section 784.045 creates four separate crimes of aggravated battery; (2) The information charged the defendant with committing "great bodily harm aggravated battery," one of the four *893 separate crimes, not "permanent disability aggravated battery,"...
...In the first section, we explain that the statute creates two, not four aggravated battery offenses. In the last four sections, we explain why we would affirm the defendant's conviction even if he were correct in arguing the statute created four aggravated battery offenses. First, section 784.045 creates only two aggravated battery crimes, not four....
...On two separate occasions, the defendant acquiesced and agreed to the use of the allegedly erroneous jury instruction. Accordingly, the error was invited and cannot result in reversal. We discuss each of these five points in turn. The Statute Consists of Two Subsections and Creates Only Two Offenses of Aggravated Battery Section 784.045 sets forth only two crimes of aggravated battery. Evidence that the statute creates two crimes can be found in the simple fact that the statute contains two subsections. The first subsection, 784.045(1)(a)1, sets forth a crime that focuses on the harm suffered by the victim. Included in this crime are acts resulting in what the statute describes as great bodily harm, permanent disability, or permanent disfigurement. The second subsection, 784.045(1)(a)2, sets forth a crime that focuses on the weapon the defendant used to commit the battery. Only the first subsection is relevant to the instant case. Not only does the structure of section 784.045 logically suggest two crimes, but the Florida Supreme Court has interpreted the statute as creating only two crimes....
...d. at 490-91. (emphasis added). The phrase "great bodily injury" is not a phrase found in the statute; it is the phrase the Supreme Court used when interpreting the statute. Consistent with the language and structure the Legislature used in drafting section 784.045(1)(a)1, the Supreme Court condensed the terms great bodily harm, permanent disfigurement and permanent disability into the single, logical *894 phrase "great bodily injury" to describe the first crime....
...[1] Thus, because the defendant was charged with violating the aggravated battery statute, there can be no error in reading the standard jury instruction for that statute. The State's Evidence Was Probative of the Charged Offense Assuming arguendo that sub-section 784.045(1)(a)1 should be interpreted as containing three separate crimes of aggravated battery, the defendant unpersuasively argues the State sought to convict him for the uncharged crime of, "permanent disability aggravated battery." The fac...
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2004 WL 2724096
...Charlie Crist, Attorney General; Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee. WEBSTER, J. In this direct criminal appeal, appellant seeks review of his conviction for aggravated battery on a pregnant victim, which is prohibited by section 784.045(1)(b), Florida Statutes (2003)....
...However, because the trial court refused appellant's request for an instruction telling the jury they must find that the victim was pregnant, which was an essential element of the offense, we reverse, and remand for a new trial. Appellant was charged with aggravated battery on a pregnant victim, in violation of section 784.045(1)(b), Florida Statutes (2003)....
...n the essential and material elements of the crime charged and required to be proven by competent evidence." Chicone v. State,
684 So.2d 736, 745 (Fla.1996) (citing Gerds v. State,
64 So.2d 915, 916 (Fla.1953)). It is equally clear from a reading of section
784.045(1)(b) that the instruction given by the trial court (which was based on the standard instruction) omitted altogether one element of the offense charged that the victim was, in fact, pregnant at the time of the battery....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2000 WL 561717
...rmanent disability, or permanent disfigurement to the child. See §
827.03(2), Fla. Stat. (1999). A battery is "aggravated" when the defendant "[i]ntentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement." §
784.045(1)(a)1, Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1994 WL 65066
...whether second degree murder or manslaughter. Aggravated battery, as well as the use of a weapon, is a basis for reclassification under section
775.087. Aggravated battery may be committed by intentionally or knowingly causing great bodily harm. See §
784.045(1)(a), Fla....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2001 WL 293181
...[6] With respect to the aggravated battery conviction, we note that unlike some jurisdictions, see Wayne R. LaFave & Austin W. Scott, Jr., Substantive Criminal Law § 3.12, at 400 n. 46 (1986), the Florida battery and aggravated battery statutes proscribe only the striking of "another person," §§
784.03,
784.045, Fla....
...[8] On this issue both the standard jury instruction and the definition of aggravated battery were "amended" to require only that the defendant have committed "an intentional act that caused great bodily harm to Evangelina Ramirez" instead of the far different requirement in section 784.045(1)(a)1, that he "intentionally......
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 485
...This was recognized in Montsdoca v. State,
84 Fla. 82,
93 So. 157, 159 (1922), when the court stated, "There can be no robbery without violence and there can be no larceny with it. " As an example, when an accused is charged with battery with a deadly weapon (aggravated battery §
784.045(1)(b), Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1996 WL 457239
...3d DCA 1985); Fla. Std. Jury Instr. (Crim.) p. 290 (Schedule of Lesser Included Offenses). Rather, aggravated battery is a permissible lesser included offense of a charged sexual battery, but only if the elements of aggravated battery, as set out in section 784.045, Florida Statutes, are alleged in the charging document....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...(Retired Circuit Judge), Associate Judge. The appellant Donaldson appeals a judgment and sentence rendered and imposed upon a jury verdict finding him guilty of committing an unlawful battery by the use of a deadly weapon, in violation of Florida Statute 784.045(1)....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1996 WL 523846
...Over defense objection, the trial court instructed the jury on alternative theories as to the permissive lesser-included offense of aggravated battery. Instructions were given as to aggravated battery by causing great bodily harm, as proscribed by section 784.045(1)(a)1, Florida Statutes (1993), and aggravated battery by using a deadly weapon, as proscribed by section 784.045(1)(a)2, Florida Statutes (1993)....
...The information sufficiently asserts facts showing that the appellant committed aggravated battery by using a deadly weapon. But it does not assert, except through inference, facts showing that the appellant committed aggravated battery by causing great bodily harm. Therefore, the information provided no basis for the section 784.045(1)(a)1 instruction....
CopyCited 9 times | Published | Florida 1st District Court of Appeal | 1993 WL 405168
...*103 Constructive or vicarious possession of a firearm is sufficient to sustain a conviction for robbery with a firearm, Bell v. State,
589 So.2d 1374 (Fla. 1st DCA 1991). Although we have found no case specifically discussing whether a defendant can be convicted, as a principal, of aggravated battery under Section
784.045(1)(a)2, Florida Statutes, when he did not actually carry the firearm, that is apparently the case....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...Referring once more to the Brown analysis, simple battery, and aggravated battery, jury charges were also erroneously omitted. Again examining Count I, the charge of attempted murder by shooting, includes either §
784.03(1)(a) or §
784.03(1)(b) and §
784.045. The victim was struck by the bullet which caused him bodily harm. Once again, going to the transcript, overwhelming evidence establishes the actual and intentional striking by a bullet sufficient to satisfy §
784.03 and §
784.045....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1988 WL 54425
...As Allen lay dazed, Cardwell broke a beer bottle on the edge of a nearby car and cut Allen across the throat and face. Cardwell argues he was improperly convicted of both offenses *1026 on double jeopardy principles. We agree that multiple punishments are not warranted and reverse in part. Section 784.045(1)(b) (aggravated battery) requires two elements: the commission or attempted commission of a battery (a misdemeanor), and the use of a deadly weapon....
...The sentence on the aggravated battery offense must then be recalculated without the improper additional conviction. In all other respects the judgment is affirmed. AFFIRMED IN PART, REVERSED IN PART AND REMANDED. DAUKSCH and DANIEL, JJ., concur. NOTES [1] §
784.045(1)(b), Fla. Stat. (1985). [2] §
790.07(1), Fla. Stat. (1985). [3] Section
784.045(1), Florida Statutes (1985) states as follows: (1) A person commits aggravated battery who, in committing battery: (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) Uses a deadly weapon....
...ectric weapon or device or carries a concealed weapon is guilty of a felony of the third degree... . [5] Blockburger v. United States,
284 U.S. 299,
52 S.Ct. 180,
76 L.Ed. 306 (1932); codified at §
775.021(4), Fla. Stat. (1985). [6] §§
784.03(2),
784.045(2), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1997 WL 361839
...lson issue, it does not excuse the failure to properly address the issue as was done here. We reverse the convictions and remand for a new trial. SCHOONOVER and FULMER, JJ., Concur. NOTES [1] §
784.021, Fla. Stat. (1995), a third degree felony. [2] §
784.045, Fla....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2005 WL 3478213
...Aggravated battery is an alternative conduct crime. Pursuant to the statute, the State can either prove the defendant "[i]ntentionally or knowingly cause[d] great bodily harm, permanent disability, or permanent disfigurement" or "[u]se[d] a deadly weapon" when he committed the battery. § 784.045(1)(a), Fla....
...makes the weapon an essential element of the crime. Lareau,
573 So.2d at 815. Unlike aggravated battery, second degree murder does not require the use of a weapon or firearm. Compare §
782.04(2), Florida Statutes (1999) (second degree murder) with §
784.045, Florida Statutes (1999) (aggravated battery)....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...We disagree and affirm. The information alleged in pertinent part that the appellant "did, unlawfully commit a battery upon (named person) and in commission of said battery did use a deadly weapon, to-wit: a 20 gauge shotgun, contrary to Florida Statute 784.045(1)(b)"....
CopyCited 9 times | Published | Florida 5th District Court of Appeal
...the majority in Wheat holds, that, as a practical matter, evidence of a greater offense always constitutes evidence of a necessarily lesser included offense. If, by creating a separate, more specific, offense, such as a battery with a deadly weapon (§ 784.045(1)(b), Fla....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2000 WL 389982
...We initially note that aggravated battery is not a necessarily-included offense of sexual battery. See Tolbert v. State,
474 So.2d 5, 6 (Fla. 3d DCA 1985). Accordingly, the State's charging document will not support Mateo's conviction unless it alleges the essential elements of aggravated battery outlined in section
784.045, Florida Statutes (1995). That is, the information must allege that Mateo committed a battery, and in doing so: (1) intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement; or (2) used a deadly weapon. See §
784.045....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 1065
...[2] The attempted manslaughter conviction resulted from a jury verdict on the charged crime of attempted first-degree murder. [3] Blockburger v. United States,
284 U.S. 299,
52 S.Ct. 180,
76 L.Ed. 306 (1932). [4] Aggravated battery, which is the crime charged in this case, is provided for in section
784.045, Florida Statutes (1985), as follows: Aggravated battery....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1998 WL 603211
...In count I, defendant was charged with aggravated child abuse by aggravated battery:
827.03 Aggravated child abuse.- (1) `Aggravated child abuse' is defined as one or more acts committed by a person who: (a) Commits aggravated battery on a child; §
827.03(1)(a), Fla. Stat. (1995). Aggravated battery is defined as:
784.045 Aggravated battery.- *311 (1)(a) A person commits aggravated battery who, in committing battery: 1. Intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement; or 2. Uses a deadly weapon. §
784.045(1)(a)1-2, Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 7746, 2015 WL 2432079
...evidence of the victim's prior specific acts of
violence, we reverse and remand for a new trial. As to the remaining issues, we affirm
without comment.
The State charged Mohler with aggravated battery causing great bodily
harm. See § 784.045, Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...y and State aforesaid, actually and intentionally did touch and strike another person, to-wit, Lewis Carl Roach, Jr., against the will of the said Lewis Carl Roach, Jr., and in so doing did use a deadly weapon, to-wit, a beer bottle, in violation of Section 784.045, Florida Statutes....
CopyCited 8 times | Published | Florida 5th District Court of Appeal
...e constituted a violation of the statute although the accusatorial pleading described but one of many alternative factual events proscribed in the one statute. Thus if one is tried for aggravated battery by committing a battery with a deadly weapon, § 784.045(1)(b), Fla. Stat. (1979), and is convicted or acquitted, he cannot thereafter be tried as to the same factual event for aggravated battery by committing a battery causing great bodily harm. § 784.045(1)(a), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1359252
...rson, and in committing said battery, did intentionally or knowingly cause great bodily harm, permanent disability, or permanent disfigurement to the said Tony Peterson, Jr., or did use a deadly weapon, to wit: a firearm, contrary to Florida Statute
784.045;
775.087(2)(a)(3).......
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1988 WL 70662
...Appellant's final claim is that the trial court erred in permitting two police officers and the attending doctor to testify as to the details and extent of the victim's injuries. Appellant claims that this was error because appellant was charged with aggravated battery committed with a deadly weapon, section 784.045(1)(b), Florida Statutes (1985), rather than aggravated battery by intentionally causing great bodily harm, section 784.045(1)(a), Florida Statutes (1985), and that only the latter requires evidence of the injuries inflicted....
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1994 WL 12239
...e of it favorable to the state can be sustained under the law. Lynch v. State,
293 So.2d 44 (Fla. 1974). See also Taylor v. State,
583 So.2d 323 (Fla. 1991); Herman v. State,
472 So.2d 770 (Fla. 5th DCA 1985), rev. denied,
482 So.2d 348 (Fla. 1986). Section
784.045, Florida Statutes entitled "Aggravated battery" provides: (1)(a) A person commits aggravated battery who, in committing battery: 1....
...It may be argued that the finder of fact should not be required to "measure" the degree of force or violence used in the robbery, but such is the task assigned to it when it must determine whether a defendant *1215 is guilty of battery under section
784.03 or aggravated battery under section
784.045....
CopyCited 8 times | Published | Florida 4th District Court of Appeal
...Appellant's main contention is that he was convicted of a crime with which he was not charged in the information which alleged an aggravated battery by stating that appellant did: "... unlawfully commit a battery upon Arthur Smith and in commission of said battery, did use a deadly weapon, to wit: a knife, in violation of Section 784.045(1)(b), Florida Statutes (1975)." We agree that aggravated assault is not a necessarily included offense to a charge of aggravated battery....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2003 WL 22136076
...uded offense of aggravated battery. His argument is that the instruction was improper "because the information did not allege all the elements of aggravated battery, specifically, that [Lane] intentionally or knowingly caused great bodily harm." See § 784.045(1), Fla....
...tory pleading and the evidence. Id. at 596. [2] Second degree murder is a first degree felony. See §
782.04(2), Fla. Stat. (2000). An attempt to commit that crime reduces it to a second degree felony. See §
777.04(4)(c), Fla. Stat. (2000). [3] See §
784.045(2), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1992 WL 301320
...On remand, the judgment and sentence must be corrected to reflect that Ellis was convicted of a second degree felony. Convictions AFFIRMED; Sentences AFFIRMED in part, REVERSED in part, and REMANDED. W. SHARP, and DIAMANTIS, JJ., concur. NOTES [1] §§
777.04(1),
794.011(3), Fla. Stat. (1991). [2] §
784.045(1)(a)2, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1990 WL 150206
...We believe that State v. Jeffers,
490 So.2d 968 (Fla. 5th DCA 1986), provides the answer to the preliminary question. The weapon involved in the Jeffers case was a pellet rifle, and this court found that it could be a deadly weapon within the meaning of section
784.045, Florida Statutes (1983), depending upon the manner in which it was used....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...Obviously, Florida should prohibit all non-consensual violent acts against the mother of an unborn child which result in injury to the fetus. The question here is simply whether the Florida Legislature did specifically proscribe this conduct within the confines of the battery statutes. Section 784.045, Florida Statutes (1981), defines aggravated battery: 784.045 Aggravated battery (1) A person commits aggravated battery who, in committing battery: (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) Uses a deadly weapon....
...s not include the unborn. This is in accord with the results reached in those few cases where the issue has been squarely presented. [Citations omitted, emphasis supplied.] In conclusion, we hold that the word "person" as used in Sections
784.03 and
784.045, the Florida battery statutes, does not include the unborn fetus....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1988 WL 44382
...NOTES [1] Rose Herbert was not charged in the October incident. She entered into an agreement with HRS to get counseling and to terminate her relationship with her current boyfriend. [2] Citing the language of section
827.03, Florida Statutes (1975), and its predecessor, section
784.045....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1992 WL 41471
...Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee. Rehearing and Rehearing En Banc Denied April 29, 1992. PETERSON, Judge. Can a defendant be convicted of both robbery, under section
812.13(2)(c), Florida Statutes (1987), and aggravated battery, under section
784.045(1)(a), Florida Statutes (1987), when the course of conduct giving rise to the charges did not involve a weapon and involved a single incident or event? Does section
775.087, Florida Statutes (1987), enter into consideration of the fir...
...It may be argued that the finder of fact should not be required to "measure" the degree of force or violence used in the robbery, but such is the task assigned to it when it must determine whether a defendant is guilty of battery under section
784.03 or aggravated battery under section
784.045....
...COWART, Judge, dissenting. I. THE QUESTION: The legal question in this case is: When an accused is charged with the offense of robbery (§
812.13, Fla. Stat.) and also some other offense involving violence, such as battery (§
784.03, Fla. Stat.) or aggravated battery (§
784.045, Fla....
...17] the robbery offense. [18] Likewise, when the force or violence used in a particular robbery to accomplish a taking of property, would, independent of the taking of property, constitute the separate offense of aggravated battery, as prohibited by section 784.045, Florida Statutes, and that same force is the force used to take the property, then the separate crime of aggravated battery is included in, "and subsumed by," the robbery offense....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 845
...the second and third counts of the information charging aggravated battery and manslaughter. We further approve the trial court's legal analysis in reaching these results as contained in the order under review, to wit: "Count II: Aggravated Battery § 784.045(1)(b) Dr....
...Gonzalez is next charged with committing an aggravated battery upon Tevra Eaford during the performance of the June 25th abortion by intentionally touching or striking her against her will with a deadly weapon (metallic instruments) resulting in perforation and damage to her uterus and intestines, violating § 784.045(1)(b)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1997 WL 291329
...Under Count I, appellant was charged with attempted first-degree murder by "intentionally touching or striking Walter Middlebrooks against his will by means of shooting him with a deadly weapon, to-wit: a .22 caliber pistol...." The jury returned a verdict of guilty of the lesser included offense of aggravated battery. Section 784.045(1)(a), Florida Statutes (1993), provides that a person commits aggravated battery when, in committing the battery, that person (1) intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (2) uses a deadly weapon....
...___ Guilty of Attempted Voluntary Manslaughter, a lesser included offense. ___ Guilty of Aggravated Assault, a lesser included offense. [If you have checked one of the above, then please indicate whether or not a firearm was used. X Yes ___ No] (R. 79). Aggravated battery is a second-degree felony. Section 784.045(2), Florida Statutes....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1998 WL 31493
...We think that not to do so under the circumstances of this case was a breach of discretion and prejudicial to Curington's defense. Thus, Curington should be accorded *1141 a new trial. See Motley v. State,
155 Fla. 545,
20 So.2d 798 (1945). REVERSED and REMANDED. DAUKSCH and ANTOON, JJ., concur. NOTES [1] §
784.045(2)(a)2, Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2000 WL 201816
...ctions, and certify conflict with Crawford. PATTERSON, C.J., CAMPBELL, THREADGILL, PARKER, ALTENBERND, BLUE, FULMER, WHATLEY, NORTHCUTT, GREEN, CASANUEVA, SALCINES, and STRINGER, JJ., Concur. NOTES [1] See §
810.02(2)(a), Fla. Stat. (1997). [2] See §
784.045(1)(a), Fla....
CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1990 WL 15254
...The defendant raises two points on appeal; we find no merit in either point and affirm. First, the defendant contends that the revolver which he used to strike the victim in this case is not a "deadly weapon," and, therefore, he could not be convicted of aggravated battery with a "deadly weapon" under Section 784.045, Florida Statutes (Supp....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2001 WL 121436
...intent crime. See Howard v. State,
732 So.2d 489, 490 (Fla. 4th DCA 1999). "A person commits aggravated battery who, in committing battery: 1. intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement...." §
784.045(1)(a), Fla....
...See K.H.,
763 So.2d at 1188. Therefore, Levesque may raise this issue for the first time on appeal. See Mateo v. State,
757 So.2d 1229, 1230 (Fla. 2d DCA 2000). We therefore reverse Levesque's conviction and sentence for aggravated battery pursuant to section
784.045(1)(a)(1), Florida Statutes (1995)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1989 WL 6463
...Statutes (1985)). Counts V and VI engaging in sexual activity with child 12 to 18 years old by person in familial or custodial authority (Section 794.041(2)(b), Florida Statutes (1985)). Count VII aggravated battery with deadly weapon (knife) (Section 784.045(1)(b), Florida Statutes (1985))....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 20857, 2011 WL 6847813
...The charging document alleged Appellant "did actually and intentionally touch or strike" Young against her will, "and in so doing intentionally or knowingly caused great bodily harm, permanent disability, or permanent disfigurement," in violation of section 784.045(1)(a)1., Florida Statutes (2009)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1999 WL 1261469
...Sanborn,
533 So.2d 1169 (Fla.1988), the victim's truck could not be considered an extension of their persons. We do not agree. "Aggravated battery" occurs when a person commits battery either causing great bodily harm, permanent disability or permanent disfigurement or using a deadly weapon. See §
784.045(1)(a), Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2007 WL 4338863
...We conclude, based on these cases, that the element "uses a deadly weapon" in the aggravated battery statute means using the weapon to commit the touching that constitutes the battery. Id. at 1027-28. However, we conclude that our interpretation in Munoz-Perez of the element "use a deadly weapon" under section 784.045(1)(a)(2), Florida Statutes (2005) is incorrect. Section 784.045(1)(a)(2) defines "aggravated battery" as follows: (1)(a) A person commits aggravated battery who, in committing battery: * * * 2. Uses a deadly weapon. § 784.045(1)(a)(2), Fla. Stat. (2005). The text of the statute does not require that in using a deadly weapon, the deadly weapon must actually touch the victim or be used in any particular manner. Rather, section 784.045(1)(a)(2) requires that in committing the battery, the defendant uses a deadly weapon....
...FARMER, J., concurring. This responds to the opinions rejecting the analysis in the majority opinion. The essential assertion of all these opinions is that the meaning of the aggravated battery statute is unclear. On the contrary, there is nothing ambiguous about section 784.045(1)(a)2. [1] The operative word here is uses, a standard word with expansive meaning. [2] In section 784.045, the term uses is not modified or limited. The statute does not suggest in any way that the deadly weapon must in fact contact the person. On the contrary, section 784.045 merely requires that it be employed in some way to facilitate the purpose of committing a battery....
...o conclude that, as a result, the element of committing the battery requires also, for the use of the deadly weapon, that the weapon actually touch or make contact with the victim. Obviously there are other ways in which a deadly weapon may be used. Section 784.045(1)(a)2 requires that the deadly weapon be used in committing battery....
...Auld,
450 So.2d 217 (Fla.1984) ("It has also been accurately stated that courts of this state are without power to construe an unambiguous statute in a way which would extend, modify, or limit, its express terms or its reasonable and obvious implications. To do so would be an abrogation of legislative power."). Section
784.045(1)(a)2 defines one particular crimewhich the Legislature chose to denominate as "aggravated battery"to mean a person "who in committing battery ....
...ocus on the fact that the title of this particular crime uses the word battery and cite other statutes with different degrees of battery, all requiring contact. But it does not matter how other crimes have been defined. The only critical thing about section 784.045(1)(a)2 is how the Legislature built it....
...e has included. Again, the argument of the other opinions would add something not present in the words adopted and approved by the *939 Legislature and not reasonably inferable from those words. It would require us to "extend, modify, or limit, its [section 784.045] express terms or its reasonable and obvious implications." Holly v....
...ng a battery where the weapon physically impacted the victim, but did not actually come into contact with the victimas illustrated in Judge May's examples. In my view, the aggravated battery statute was clearly intended to reach such behavior. See § 784.045(1)(a)(2), Fla....
...uittal. Thus, I concur in part and dissent in part. STONE and STEVENSON, JJ., concur. KLEIN, J., dissenting. The battery at issue in this case is aggravated battery, which occurs when a person who, "in committing battery . . . uses a deadly weapon." § 784.045....
...If the striking causes "great bodily harm, permanent disability, or permanent disfigurement" the battery is a third degree felony. §
784.041. Aggravated battery, which occurs When a person who "in committing battery . . . uses a deadly weapon" is a second degree felony. §
784.045....
...State,
576 So.2d 1310, 1312-13 (Fla.1991), not judges: I would hold, consistent with Munoz-Perez, and Judge Gersten's dissent in Rodriguez, that touching with the deadly weapon is required for aggravated battery. TAYLOR and HAZOURI, JJ., concur. NOTES [1] §
784.045(1)(a)2, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...A fall from eight or ten feet onto her head could have resulted in the injury. One means by which a violation of section
827.03 may occur is by the commission of an aggravated battery. Since an aggravated battery in turn is committed by one who "[i]ntentionally or knowingly causes great bodily harm," Section
784.045(1)(a), Florida Statutes, there was overwhelming proof of the crime's perpetration....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2004 WL 895856
...See Mateo,
757 So.2d 1229; Wilburn,
840 So.2d 384. In Mateo, the defendant was charged with sexual battery using force likely to cause serious personal injury.
757 So.2d at 1230; see also §
794.011(3), Fla. Stat. (1997). He was convicted of aggravated battery. See §
784.045, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2005 WL 2175467
...[5] And, it also appears that evidence in Morgan's case was already DNA tested, or if not, Morgan fails to describe it or its current location. AFFIRMED. THOMPSON and MONACO, JJ., concur. NOTES [1] §
794.011(3), Fla. Stat. [2] §
787.01, Fla. Stat. [3] §
784.045(1)(b), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2004 WL 2270289
...h is the language of section
784.03(1)(a)(1), rather than (1)(a)(2). Although the prosecutor contended in closing argument that Jenkins "intentionally and deliberately" rammed his car into Officer Pacheco, and thus committed aggravated battery under section
784.045, Florida Statutes (2002), he also argued that Jenkins "intentionally touched or struck Victor Pacheco against his will," and that *1020 when Jenkins' car hit Officer Pacheco's bicycle, "that is the intentional touching against Officer...
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2003 WL 22715069
...ery to a first-degree felony on the appellant's guidelines scoresheet, we reverse. The appellant alleges that the trial court scored an aggravated battery conviction as a first-degree felony when it should have been scored as a second-degree felony. Section 784.045, Florida Statutes (1991), states in pertinent part: (1)(a) A person commits aggravated battery who, in committing battery: 1....
...Here, the appellant was charged with two counts of aggravated battery under two separate charging documents. The information filed in case number 91-5948 charges the appellant with "agg. batt. w/ weapon" and alleges that in the course of committing battery the appellant used a deadly weapon in violation of section 784.045(1)(a)2, Florida Statutes....
...*1272 The information filed in case number 92-30, however, is not so clear as it charges the appellant with "aggravated battery GBH/weapon" and alleges that in the course of committing the offense, the appellant caused great bodily harm and used a deadly weapon in violation of sections
784.045(1)(a) and
775.087(1), Florida Statutes....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 18140, 2011 WL 5561645
...On remand, the trial court may reimpose the assessments after providing Oliver notice and by following the proper procedure, which includes individually announcing each assessment and the authority for each. See Brooks v. State,
672 So.2d 828, 829 (Fla. 2d DCA 1995). Section
784.045, Florida Statutes (2009), provides that a person may be convicted of aggravated battery, a second-degree felony, either by causing great bodily harm or by using a deadly weapon during the commission of the battery....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 7325, 2010 WL 2076918
...Consequently, the trial court entered a judgment of conviction solely on the aggravated child abuse conviction of count I. Of note, aggravated child abuse is a first degree felony and aggravated battery is a second degree felony. See §§
827.03(3)(b),
784.045(2), Fla....
...manent disfigurement to the child." §
827.03(2). A person may commit an aggravated battery in two ways: by "[i]ntentionally or knowingly caus[ing] great bodily harm, permanent disability, or permanent disfigurement" or by "us[ing] a deadly weapon." §
784.045(1)(a)....
...odily harm, like the stitches. The jury was instructed on both theories of the aggravated battery, i.e., by "[i]ntentionally or knowingly caus[ing] great bodily harm, permanent disability, or permanent disfigurement" or by "us[ing] a deadly weapon." § 784.045(1)(a)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1998 WL 251475
...offense therein and commission of a battery during the course of the offense. §
810.02(2)(a), Fla. Stat. (1995). Aggravated battery (with a deadly weapon) on an elderly victim, unlike simple battery, requires that the offender use a deadly weapon, section
784.045(1)(a)2., Florida Statutes, and that the battery be committed on a person 65 years of age or older, section
784.08, Florida Statutes....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2006 WL 1310370
...Hill, Jr., Special Counsel, Criminal Appeals, Tallahassee, for Appellee. PER CURIAM. Joseph J. Cabral challenges the enhancement of his aggravated battery conviction to a first degree felony for use of a weapon during the commission of the offense. The elements of aggravated battery under section 784.045(1)(a), Florida Statutes (2003), include committing battery "[i]ntentionally or knowingly caus[ing] great bodily harm, permanent disability or permanent disfigurement; or ....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1988 WL 22176
...COWART, Judge, concurring specially. Based on evidence that the defendant fired from the vehicle in which he was riding one rifle shot which struck one passenger in another vehicle, the defendant was convicted of three offenses: aggravated battery (§ 784.045(1)(b), Fla....
...Stat.) and the use of a firearm while committing a felony (§
790.07(2), Fla. Stat.) would mean the one underlying act or substantive offense is enhanced twice for the same reason: because a firearm was misused. Likewise, a defendant should not be convicted of both aggravated battery under section
784.045(1)(b), Florida Statutes, which requires the use of a firearm or other deadly weapon, and the use of a firearm while committing a felony, under section
790.07(2), Florida Statutes. Battery under section
784.03, Florida Statutes, becomes the enhanced offense of aggravated battery under section
784.045(1)(b), Florida Statutes, by reason of the use of a deadly weapon. Therefore a defendant should not be convicted and punished, or his punishment enhanced, twice because of one misuse one time of a firearm. When the firearm is an essential enhancing element of the underlying offense (here aggravated battery under section
784.045(1)(b), Florida Statutes), the defendant should not also be convicted and punished under section
790.07(2), Florida Statutes, for that same misuse of the same firearm....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...appellee's motion to dismiss a charge of aggravated battery. We reverse. Our sole inquiry is limited to the question of whether or not a pellet rifle may constitute a deadly weapon to support an information which charges appellee with a violation of section 784.045, Florida Statutes (1983) by means of the commission of an aggravated battery by use of a "deadly weapon, to-wit: a pellet rifle." In Depasquale v....
...ot, was capable of inflicting great bodily harm and thus may fit the definition of a deadly weapon as used in section
790.001(13) depending upon the manner in which it is used. That same rationale is applicable to the term "deadly weapon" as used in section
784.045 and we therefore adopt it....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1996 WL 354593
...The essential elements of the offense of aggravated battery which are missing from the information in this case are that the defendant: "1. Intentionally or knowingly cause[d] great bodily harm, permanent disability, or permanent disfigurement; or 2. Use[d] a deadly weapon." See § 784.045(1)(a), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 1988 WL 65189
...The facts before us involve a sentence consisting of a prison term falling within the guidelines range and an additional probation term which brings the sentence within the fifteen-year statutory maximum for aggravated battery, a second-degree felony. § 784.045, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2000 WL 788194
...We reverse appellant's conviction of aggravated battery. She was charged as follows: ANGELA TAYLOR ... did unlawfully and intentionally touch or strike Charlene Marshall against her will with a deadly weapon, to wit: a razor type knife, contrary to F.S. 784.045, (L7)....
CopyCited 6 times | Published | Supreme Court of Florida | 2001 WL 747232
...The district court noted the Legislature's placement of the definitions of battery and felony battery in the same section of chapter 784, Florida Statutes, (section
784.03), but further noted that the definition of aggravated battery is placed in a separate section,
784.045, Florida Statutes (1997)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1991 WL 138138
...Robert A. Butterworth, Atty. Gen., Amelia L. Beisner, Asst. Atty. Gen., Tallahassee, for appellee. WIGGINTON, Judge. Appellant appeals a judgment and sentence finding him guilty of aggravated battery with a weapon, a second-degree felony pursuant to section
784.045(1)(a), Florida Statutes (1989) which the trial court enhanced to a first-degree felony pursuant to section
775.087(1), Florida Statutes. Appellant challenges only the enhancement of his sentence. We reverse his sentence and remand for resentencing without the enhancement under section
775.087(1). Appellant was charged with aggravated battery with a weapon in violation of section
784.045(1)(a) [1] and section
775.087(1) [2] ....
...The charging document was properly worded. In order to charge a defendant with first degree felony aggravated battery under the enhancement provided by section
775.087(1), the involvement of the firearm must be alleged in the same count which charges a section
784.045(1)(a) l aggravated *744 battery....
...McKinnon,
540 So.2d 111 (Fla. 1989), and Blackwelder v. State,
476 So.2d 280 (Fla. 2d DCA 1985). That is precisely what the prosecutor did here. The appellant's sentence must be reversed because of the trial court's very confusing efforts to instruct on the elements of a section
784.045(1)(a) l aggravated battery, and that offense as enhanced due to the appellant's alleged use of a firearm....
...This confusion could have been avoided if the trial judge had given the Florida Standard Jury Instruction (Criminal) for aggravated battery, ending that instruction with part 2.a., and had then given Florida Standard Jury Instruction (Criminal) 3.05(b). NOTES [1] Section 784.045(1)(a), Florida Statutes (1989), provides: A person commits aggravated battery who, in committing battery: 1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. using a deadly weapon. Prior to 1988, section 784.045( l ) provided as follows: A person commits aggravated battery who, in committing battery: ( a ) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or ( b ) uses a deadly weapon....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1991 WL 3576
...ellant. In fact, following a nonjury trial, the trial judge made a specific finding that the defendant did not intend to cause injury to the victim. Aggravated battery is a specific intent crime. State v. Horvatch,
413 So.2d 469 (Fla. 4th DCA 1982). Section
784.045(1)(a)1, Florida Statutes, defines aggravated battery's specific intent as the intent to cause great bodily harm, permanent disability or permanent disfigurement....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...Public Defender, Clearwater, for appellant. Jim Smith, Atty. Gen., Tallahassee, and James H. Dysart, Asst. Atty. Gen., Tampa, for appellee. LEHAN, Judge. For the following reasons we disagree with all three of appellant's contentions. A BB gun is a deadly weapon within the meaning of section 784.045, Florida Statutes (1981)....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2003 WL 554399
...concede error. Mr. Napolitano's candor and professionalism in this case have assisted this court. [2] See §
810.02(2)(a), Fla. Stat. (1993). This offense is punishable as a first-degree felony with a term of imprisonment not exceeding life. [3] See §
784.045, Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...t or that the accused was unduly prejudiced, any error was harmless. Compare McGriff v. State,
417 So.2d 300 (Fla. 3d DCA 1982); See Eaton v. State,
307 So.2d 915 (Fla. 3d DCA 1975). AFFIRMED. FRANK D. UPCHURCH, Jr. and SHARP, JJ., concur. NOTES [1] Section
784.045, Florida Statutes (1981) provides: (1) A person commits aggravated battery who, in committing battery: (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) Uses a deadly wea...
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...Becker, Asst. Public Defender, Daytona Beach, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. Appellant was tried by a jury and found guilty of aggravated battery. § 784.045(1)(a), Fla....
...matter of law that neither permanent disfigurement nor great bodily harm was proved. [3] Whether or not a permanent facial scar is disfiguring should only be determined by personal observation. [4] Notwithstanding the permanent nature of this scar, section 784.045(1)(a), Florida Statutes (1979), specifically does not require a permanent injury because many serious injuries leave no lasting effect on the health of the victim....
...NOTES [1] The treating physician advised the victim that this cut required stitches but there was no testimony as to whether this was ever done. [2] Admission of one photograph of the victim's face was objected to by defense counsel as being too "gruesome" for admission. [3] Section 784.045(1)(a) provides: (1) A person commits aggravated battery who, in committing battery: (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; [emphasis added] Thus, proof of any one of the three types of injuries is sufficient for conviction....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2005 WL 3406488
...imprisonment. See §§
775.082(3)(b),
775.0823,
775.087(1)(b),
777.04(4)(c),
782.04(2), Fla. Stat. (2001). *971 Attempted aggravated battery is a third-degree felony punishable by up to five years' imprisonment. See §§
775.082(3)(d),
777.04(4)(d),
784.045(2), Fla....
...the second degree. . . by procuring, pointing and attempting to discharge a firearm." A person commits an attempted aggravated battery when he or she commits an attempted battery and either intends to cause great bodily harm or uses a deadly weapon. § 784.045....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1996 WL 168618
...Enhancement of a felony based on the use of a weapon or firearm during the commission of the felony is not authorized where the use of a weapon or firearm is an essential element of the felony. §
775.087(1), Fla.Stat. (1993). If the jury's felony murder verdict was based on aggravated battery as defined in section
784.045(1)(a)2 (deadly weapon) or on aggravated assault or on shooting at or into an occupied vehicle, the prohibition against enhancement on the basis of a necessary element of the offense was violated....
...Id. at 312,
77 S.Ct. at 1073. An analogous situation exists in the present case. Of the possible predicate offenses on which the jury could have based its finding that Mr. Horn was guilty of felony murder, only oneaggravated battery as defined in section
784.045(1)(a)1 (causing great bodily harm)would legally permit the trial court to enhance the conviction for use of a firearm....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22056055
...ntained in section
790.001, which apply to the provisions of chapter 790. We recognize that in other contexts a firearm may constitute a deadly weapon. For example, "[i]t is well settled that a firearm ... is a `deadly weapon' within the meaning of [section
784.045, Florida Statutes]," the aggravated assault statute....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1988 WL 96451
...An essential element of the third degree murder conviction here was the crime of the aggravated battery. Aggravated battery is a battery in the commission of which a person (a) intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement, or (b) uses a deadly weapon. § 784.045(1), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 16768
...nt caused “great bodily harm, permanent disability, or permanent disfigurement” to the victim. Chapter 827 does not define “great bodily harm.” Intentionally or knowingly causing great bodily harm is one way of committing aggravated battery. § 784.045(l)(a)l, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2442
...Assume that an 18-year old young man intentionally touched a 17-year old young man against the will of the latter. Such would be a simple battery under Section
784.03(1)(a), Florida Statutes. If the 18-year old used a deadly weapon, he would have been deemed to have committed an aggravated battery under Section
784.045(1)(b) which would in turn apparently qualify as an aggravated child abuse under Section
827.03(1)(a) in view of the victim's age being less than 18 years....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2008 WL 4899179
...So long as competent, substantial evidence supports the verdict, the denial of a motion for judgment of dismissal will not be reversed on appeal. See id. The petition alleged that on January 7, 2008, Appellant committed aggravated battery with a deadly weapon (a soda pop can), a second-degree felony, in violation of section 784.045(1)(a)2., Florida Statutes (2007); and wantonly or maliciously shot and threw any missile or hurled or projected a stone or other hard substance that would produce death or great bodily harm at a vehicle of any kind that was being used...
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 17181, 2010 WL 4536791
...There she received sixteen stitches along her right eyebrow and three staples in her head. In affirming Michaud's conviction for aggravated battery with a deadly weapon, we reject Michaud's argument that, as a matter of law, a wrench is not a deadly weapon. Section 784.045, Florida Statutes (2008), provides that: (1)(a) A person commits aggravated battery who, in committing battery: * * * (2) Uses a deadly weapon....
...d a weapon or firearm in a rude, careless, angry, or threatening manner in the presence of the victim. The other issues raised by Michaud are without merit. AFFIRMED, in part; REVERSED in part; REMANDED. MONACO, C.J. and COHEN, J., concur. NOTES [1] § 784.045(1)(a)2, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1992 WL 92444
...Reversed and remanded for resentencing. CAMPBELL and ALTENBERND, JJ., concur. NOTES [1] Although the appellant's contention concerning the length of his sentence for aggravated battery is now moot, we note that the statutory maximum sentence for that offense is fifteen years. § 784.045(2), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...hat an instruction on aggravated battery was erroneous, where, as here, the instruction is consistent with the allegations and proof. Fla.R.Crim.P. 3.510. Affirmed. NOTES [1] The information fairly sets forth the elements of aggravated battery: Sec. 784.045 Aggravated battery. (1) A person commits aggravated battery who, in committing battery: (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) uses a deadly weapon. Although the state relies on Section 784.045(1)(a) of the aggravated battery statute, (1)(b) may also be applicable....
CopyCited 5 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 2247985
...Actually and intentionally touches or
3
As relevant to this appeal, “crime of violence” means any “offense under federal, state, or local
law that has as an element the use, attempted use, or threatened use of physical force against the
person of another.” U.S.S.G. § 2L1.2 cmt. n.1(B)(iii).
4
Fla. Stat. 784.045(1)(b) (“A person commits aggravated battery if the person who was the
victim of the battery was pregnant at the time of the offense and the offender knew or should
have known that the victim was pregnant.”).
5
Small v....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2007 WL 700948
...Blanton had not waived the privilege he had with respect to communications with that expert. See Lovette v. State,
636 So.2d 1304 (Fla.1994). On retrial, Dr. Ward may not, absent a waiver, be called by the State. REVERSED and REMANDED. PLEUS, C.J. and SAWAYA, J., concur. NOTES [1] §
784.045(1)(a)2., Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2003 WL 825731
...Simple battery is defined in section
784.03(1)(a), Florida Statutes (1999), as having occurred when a person: "1. [a]ctually and intentionally touches or strikes another person against the will of the other; or 2.[i]ntentionally causes bodily harm to another person." Aggravated battery, as defined in section
784.045(1)(a), Florida Statutes (1999), occurs when a person, who in committing battery: "1....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2014 WL 1156296, 2014 Fla. App. LEXIS 4273
...kick Perkins after pushing him down. This would not have required the jury to accept the State’s theory that the steel-toe boots were a deadly weapon because even if the jury was not persuaded that Appellant was guilty of aggravated battery under section 784.045(l)(a)2., Florida Statutes, it could have convicted him under section 784.045(l)(a)i....
...ury that Appellant both did (if he was the found to be the initial aggressor) and did not (if Perkins was found to be the initial aggressor) have a duty to retreat. Compare §
776.041(2)(a), Fla. Stat. with §§
776.012,
776.013(3), Fla. Stat. . See §
784.045(l)(a), Florida Statutes (2011) ("A person commits aggravated battery who, in committing battery: 1....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1995 WL 340216
...I would reverse and remand with instructions to grant the writ of prohibition and to discharge the petitioner. NOTES [1] State v. Agee,
622 So.2d 473 (Fla. 1993). [2] Genden v. Fuller,
648 So.2d 1183 (Fla. 1994); Farina v. Perez,
647 So.2d 113 (Fla. 1994); Williams v. State,
622 So.2d 477 (Fla. 1993). [3] §
784.045(1)(a)(1), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 376690
...ed of kidnapping and of committing an aggravated battery during the commission of this felony in violation of section
775.087(1), and his kidnapping offense was re-classified as a life felony. Appellant also was convicted of aggravated battery under section
784.045(1)(a)1....
...1st DCA 1993), aff'd, State v. Brown,
633 So.2d 1059 (Fla. 1994). In the instant case, section
775.087(1) requires proof of a felony in which the use of a weapon or firearm is not an essential element and an aggravated battery to re-classify the felony. Violation of section
784.045(1)(a)1 obviously requires proof of an aggravated battery....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1461
...COWART, J., concurring specially with opinion. COWART, Judge, concurring specially: THE ISSUE: The defendant claims that his convictions of attempted armed robbery (§§
777.04(1);
812.13(2)(a), Fla. Stat.) and aggravated battery with a deadly weapon (§
784.045(1)(b), Fla....
...the aggravated battery occurred as a result of frustration and anger of the thwarted would-be robber and after he had given up further efforts to accomplish the attempted armed robbery. NOTES [1] §§
777.04(1) &
812.13(2)(a), Fla. Stat. (1981). [2] §
784.045(1)(b), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...st was insufficient to meet the requirements of Richardson. In view of the precedential cases cited above, we are compelled to reverse the judgment and remand this case for a new trial. REVERSED and REMANDED. SHARP and COWART, JJ., concur. NOTES [1] § 784.045, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1992 WL 163934
...The crime of aggravated battery as defined in Florida can be established by proving one of two possible scenarios: (1)(a) A person commits aggravated battery who, in committing battery: 1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon. § 784.045, Fla. Stat. (1989). The state conceded at trial and on appeal that the first scenario set out in (1)(a)1. does not apply to this case. Thus, the issue here is whether bare hands and fists can be found by a jury to be "deadly weapons" pursuant to section 784.045(1)(a)2....
...ly weapon if they used them as such. There is no evidence that they were used as such in this particular case. Appellant argues the jury's verdict for aggravated battery must be reversed since the state failed to prove a deadly *574 weapon was used. Section 784.045, Florida Statutes (1989) defines aggravated battery as follows: (1)(a) A person commits aggravated battery who, in committing battery: 1....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2003 WL 118393
...In this case, the jury was given that opportunity. Second degree murder with a firearm is a first degree felony. The jury was instructed on the permissive lesser included offense of aggravated battery with a firearm, which is a second degree felony. § 784.045(1)(a)2., Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1995 Fla. App. LEXIS 1711, 1995 WL 69272
...uvenile offender. We must remand, however, for the purpose of correcting a scrivener's error in the court's written order. At the appellant's hearing, the court found the appellant guilty of aggravated battery with a weapon, a first degree felony. §§
784.045,
775.087(1)(b), Fla. Stat. (1993). The court's written order indicates that he was found guilty of aggravated battery, a second degree felony. §
784.045....
CopyCited 5 times | Published | Supreme Court of Florida | 1990 WL 16921
...intentionally striking Matthew." Majority at 29. Contrary to the majority opinion, the instruction did define aggravated battery when it specified that "in committing the battery GEORGE MORRIS intentionally or knowingly caused MATTHEW ROBERTS great bodily harm." Majority at 29 n. 2. See § 784.045, Fla....
...I also agree that in view of the *31 evidence, the dictates of Tedder v. State,
322 So.2d 908 (Fla. 1975), require Morris' sentence to be reduced to life imprisonment. EHRLICH, C.J., and OVERTON, J., concur. NOTES [1] See §§
782.04 (murder),
784.03 (battery),
784.045 (aggravated battery),
827.03 (aggravated child abuse), Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1996 WL 738872
...The state appeals the trial court's judgment and sentence which was imposed upon the appellee, Eduardo Calzada-Padron. We affirm the conviction but reverse the sentence. On August 26, 1994, the state charged the appellee with aggravated battery with a deadly weapon, a firearm, and causing great bodily harm in violation of section 784.045, Florida Statutes (1993)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1988 WL 138547
...Before HUBBART and FERGUSON, JJ., and SCOTT, ROBERT, Associate Judge. FERGUSON, Judge. Appellant, Carl E. Hurd, was convicted and sentenced on an information charging aggravated battery by use of a deadly weapon, "to wit: a revolver or pistol" in violation of section 784.045(1)(b)....
...The weapons statute,
790.07, is styled "Persons engaged in criminal offenses, having weapons." Subsection (2), the relevant provision, requires proof that the accused (1) committed a felony, (2) using a firearm. Aggravated battery is a felony. See §
784.045(2)....
CopyCited 5 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 887, 2013 WL 6500879, 2013 Fla. LEXIS 2686
...BACKGROUND On May 11, 2012, S.M. was arrested at school after allegedly punching another minor female. S.M. was on probation at the time of her arrest. S.M. was initially charged with aggravated battery on a victim who S.M. knew or should have known was pregnant under section 784.045(l)(b), Florida Statutes (2011)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1993 WL 292043
...r striking his head on a stage or being kicked in the head by an unknown person. Defendant was charged with aggravated battery, a specific intent crime requiring the intent to cause great bodily harm, permanent disability or permanent disfigurement. § 784.045(1)(a)1, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2008 WL 916887
...reclassified as a first degree felony, and that he therefore should not have been sentenced to a thirty year term of imprisonment. An aggravated battery is ordinarily a second degree felony punishable by a maximum of fifteen years imprisonment. See §
784.045(2), and §
775.082(3)(c), Fla....
...775.087(1), Florida Statutes, and was thus punishable by up to thirty years imprisonment. See §
775.082(3)(b), Fla. Stat. Aggravated battery can be committed in alternative ways, such as by causing great bodily harm or by using a deadly weapon. See §
784.045(1), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2003 WL 1936123
...The Florida Statutes define the crime of battery as occurring when a person "actually and intentionally touches or strikes another person against the will of the other" or "intentionally causes bodily harm to another person." See §
784.03, Fla. Stat. (1999). The crime of aggravated battery is defined as follows:
784.045. Aggravated battery (1)(a) A person commits aggravated battery who, in committing battery: * * * 2. Uses a deadly weapon. §
784.045, Fla....
...as elements which are subsumed by the other. AFFIRMED in part, REVERSED in part, REMANDED. THOMPSON, C.J., and PETERSON, J., concur. NOTES [1] See U.S. Const. amend. V; art. 1 § 9, Fla. Const. [2] See §§
784.021(1)(a),
784.07(2)(c),
775.0823(10),
784.045,
784.07,
775.0823,
843.01,
316.1935(4),
316.061,
316.027,
843.02, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1997 WL 199090
...ng the length and scope of the voir dire examination of prospective jurors, I would find that the trial court abused its discretion in this case. I, accordingly, dissent. The appellant was charged with the crime of aggravated battery in violation of section 784.045, Florida Statutes (1993)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 234606
...ission of said battery did intentionally or knowingly cause great bodily harm, permanent disability, or permanent disfigurement to Marvin Cooks, and in commission of said crime did use a deadly weapon, to-wit: broken bottle, in violation of Sections
784.045(1)(a) and
775.087(1) ......
...s properly worded, because "in order to charge a defendant with first degree felony aggravated battery under the enhancement provided by section
775.087(1), the involvement of the firearm [or weapon] must be alleged in the same count which charges a section
784.045(1)(a)1 aggravated battery" (emphasis original); but the instructions to the jury were confusing, and the confusion could have been avoided by giving the appropriate *1124 part of the standard jury instruction for aggravated battery followed by standard jury instruction 3.05(b). We conclude that, in the present case, the charging document, which referenced section
784.045(1)(a) and
775.087(1) in the same count, was worded properly....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2007 WL 1097953
...Moreover, the verdict form *454 included the 10-20-life provisions as part of the manslaughter instructions. Without regard to reclassification or enhancements, attempted manslaughter is a third-degree felony, see §§
782.07(1),
777.04(4)(d); aggravated battery is a second-degree felony; see §
784.045(2); and aggravated assault is a third-degree felony, see §
784.021(2)....
...See Murray v. State,
491 So.2d 1120, 1123 (Fla.1986) ; Strahorn v. State,
436 So.2d 447, 449 (Fla. 2d DCA 1983) . ___ did not result in great bodily harm to Marcia Radway ___ Guilty of Aggravated Battery, a lesser included Degree of Felony: Second Degree. §
784.045(2) (classifying aggravated battery as a second-degree felony)....
...the statutory maximum sentence, the guideline sentence must be imposed). §§
775.082(3)(c);
921.0024(2). And we further find during commission of said felony the defendant ___ was in actual possession of a firearm Degree of Felony: First Degree. §§
784.045(2) (classifying aggravated battery as a second-degree felony);
775.087(1)(b) (providing that actual possession of a weapon or firearm during the commission of a second-degree felony offense results in the crime being reclassified as a first-degree felony)....
...he guidelines exceeds the 30-year statutory maximum, §
921.0024(2). ___ was not in actual possession of a firearm And we further find the defendant ___ did discharge said firearm during the commission of the felony Degree of Felony: First Degree. §§
784.045(2) (classifying aggravated battery as a second-degree felony);
775.087(1)(b) (providing that actual possession of a weapon or firearm during the commission of a second-degree felony offense results in the crime being reclassified as a first-degree felony)....
...y maximum, §
921.0024(2). *459 ___ did not discharge said firearm during the commission of the felony And we further find the defendant's discharging the firearm ___ did result in great bodily harm to Marcia Radway Degree of Felony: First Degree. §§
784.045(2) (classifying aggravated battery as a second-degree felony);
775.087(1)(b) (providing that actual possession of a weapon or firearm during the commission of a second-degree felony offense results in the crime being reclassified as a first-degree felony)....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...Johnson, Public Defender, and Greg A. Johnson, Asst. Public Defender, Bartow, for appellant. Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee. OTT, Judge: Appellant was convicted of aggravated battery in violation of Section 784.045(1)(b), Florida Statutes....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1997 WL 168317
...Goney was also instructed by the trial judge that he could interrupt the bench conference at any time, and confer with his defense counsel. That is all he could have asked for, had he been standing beside his attorney at the bench. AFFIRMED. GOSHORN and ANTOON, JJ., concur. NOTES [1] §
784.045, §
784.03, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2005 WL 2447859
...hose elements at trial.") (citing State v. Von Deck,
607 So.2d 1388 (Fla.1992)). However, attempted aggravated battery is committed when a person commits an attempted battery and either intends to cause great bodily harm or uses a deadly weapon. See §
784.045, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22398695
...The petitioner, the State of Florida, seeks certiorari review of a circuit court order that excludes the alleged victim's testimony at the trial of the respondent, Kenneth Davis, on a charge of aggravated battery with a deadly weapon in violation of section 784.045(1)(a)(2), Florida Statutes (2002)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3034856
...ry"). I conclude that the jury in this case should be instructed on this statute. In this case, there is significant evidence that would support a theory that Todd Byers was engaged in the commission of a felony at the time he was killed. See, e.g., § 784.045, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1990 WL 149747
...4th DCA 1989), this court noted that a defendant convicted of aggravated battery by using a weapon, may not be subjected to further enhancement of the penalty because when so charged the use of a weapon is an essential element under the aggravated battery offense set out in section 784.045(1)(b)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 2632
...Finding error in classifying the two aggravated battery charges as first degree felonies, we vacate the sentences and remand for resentencing. The information explicitly charged, in each count, that Senterfitt "in committing *413 said battery used a deadly weapon, towit: a firearm, in violation of Sections
784.045(1)(b) and
775.087(2), Florida Statutes." Section
784.045, Florida Statutes (1985), defines aggravated battery to be a second degree felony....
...The state argues that the error below does not require reversal because Strickland v. State,
437 So.2d 150 (Fla. 1983), allows reclassification of a felony to the next higher degree when use of a weapon or firearm is not an essential element of the crime. Section
784.045, which defines aggravated battery, contemplates alternate elements of either (1) intentional or knowing infliction or great bodily harm, permanent disability, or permanent disfigurement, or (2) use of a deadly weapon....
...f the crime of aggravated battery. This argument is patently frivolous. Regardless of whether the prosecution could have made such an alternative charge in this case, the fact remains that the charge actually made specifically alleged a violation of section 784.045(1)(b) by use of a deadly weapon....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2007 WL 3375118
...The trial court denied the motion and the defense preserved the issue for appeal. Smith was convicted on all counts and now appeals the trial court's denial of his motion for judgment of acquittal. In reviewing a motion for judgment of acquittal, a de novo standard of review applies. Pagan v. State,
830 So.2d 792 (Fla.2002). Section
784.045, Florida Statutes (2005), provides, in pertinent part: (1)(a) A person commits aggravated battery who, in committing battery: 1....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2002 WL 31431849
...battery through use of a deadly weapon, where the jury instruction and the verdict form specified that Appellant used a gun, we reverse and remand. Aggravated battery may be committed either by causing great bodily harm or by using a deadly weapon. § 784.045(1)(a), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1147
...He was sentenced to concurrent terms of eight years on the counts for aggravated battery and battery of a law enforcement officer, and five years on the count for possession of a weapon by an inmate, this sentence to run consecutive to the previous sentences imposed. Section 784.045(1)(b), Florida Statutes (1983), under which appellant was convicted defines aggravated battery as: (1) A person commits aggravated battery who, in committing battery: ......
...fficer if there was only one episode and one victim. I must disagree with that conclusion. The Legislature obviously intended to do exactly what was done here by enacting separate statutory provisions enhancing punishment for use of a deadly weapon [Section
784.045(1)(b), Florida Statutes] and for offenses against "law enforcement officers" [Section
784.07(2)(b), Florida Statutes]....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1989 WL 20687
...must accordingly be set aside. Hall v. State,
517 So.2d 678 (Fla. 1988); Carawan v. State,
515 So.2d 161 (Fla. 1987); Hurd v. State,
536 So.2d 361 (Fla. 3d DCA 1988). Reversed and remanded with directions. DOWNEY and ANSTEAD, JJ., concur. NOTES [1] §
784.045(2), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1993 WL 90889
...State,
578 So.2d 16 (Fla. 4th DCA 1991). Finally, it appears from the face of the record that the trial court instructed the jury on both aggravated battery based upon great bodily harm and aggravated battery based upon the use of a deadly weapon. See §
784.045(1)(a), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1999 WL 163883
...glect cases, [5] or that its violation triggers the application of the rule in unrelated criminal proceedings. AFFIRMED. DAUKSCH and GOSHORN, JJ., concur. NOTES [1] The Legislature has also recognized pregnancy as a special condition when it amended section 784.045 to make battery aggravated when the victim was pregnant at the time of the offense, and the offender knew or should have known the victim was pregnant....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...In that case since the same weapon was involved, *73 there was no way to prove the attempted robbery with a deadly weapon without also proving the aggravated battery because one of the elements of the aggravated battery was the use of a deadly weapon. § 784.045, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 WL 1386708
...victim's injuries were severe, and by providing the jury an instruction on the meaning of the term "great bodily harm." We find no error and affirm. Chesnoff was charged with one count of aggravated battery causing great bodily harm in violation of section 784.045(1)(a)1., Florida Statutes (2001)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1998 WL 4095
...and at the conclusion of the defense case. He argues that there was no evidence or insufficient evidence to prove that he intended to cause the victim, Tamika Roland, great bodily harm, permanent disability or permanent disfigurement as required by section 784.045(1)(a)1., Florida Statutes....
...prosecutorial Pandora's box that can plague us in the future with the concept of criminal attempt. In this case, there was available to the state from the outset a simple prosecution for battery against Zellars. Based upon the statutory criteria of section 784.045, Florida Statutes (1995), the charge of aggravated battery was not availablethere was no great bodily harm, permanent disability or permanent disfigurement inflicted, no deadly weapon was utilized, and the victim was not pregnant....
...HAS THE LEGISLATURE AUTHORIZED A CONVICTION FOR ATTEMPT TO COMMIT AN AGGRAVATED OFFENSE WHERE THE AGGRAVATING FACTOR DOES NOT RESULT AND WHERE THE ATTEMPTED AGGRAVATED OFFENSE IS OF A GREATER DEGREE THAN THE CORE OFFENSE? COBB and W. SHARP, JJ., concur. NOTES [1] § 784.045(1)(a)1, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2006 WL 1864471
...ORFINGER, J. Talmage E. Thomas appeals the denial of his motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Thomas was charged by information with aggravated battery with a deadly weapon pursuant to section 784.045(1)(a)(2), Florida Statutes (2000), a second-degree felony....
...the felony for which the person is charged shall be reclassified as follows: . . . . (b) In the case of a felony of the second degree, to a felony of the first degree. (Emphasis added). The crime of aggravated battery, generally a second-degree felony under section *1224 784.045(2), is committed when a defendant: (1) causes great bodily harm, permanent disability, or disfigurement; or (2) uses a deadly weapon....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 788097
...4.03(1), Florida Statutes. Considering the severity of the injuries suffered by the victim as testified to by the doctors, the evidence would also be sufficient to show "great bodily harm," which will support a conviction of aggravated battery under Section 784.045(1)(a), Florida Statutes....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2001 WL 770226
...Green against that person's will and did intentionally or knowingly cause great bodily harm, permanent disability or permanent disfigurement, or in the commission of the battery used a deadly weapon, to-wit: A Bottle, in violation of Florida Statute 784.045(1)(a).......
...se. See S.D.W. v. State,
746 So.2d 1232 (Fla. 1st DCA 1999) (in a battery prosecution the doctrine of transferred intent requires evidence of an intent to strike someone). AFFIRMED. FARMER, J., and MAY, MELANIE G., Associate Judge, concur. NOTES [1] §
784.045, Florida Statutes (1999) provides that a person commits aggravated battery who, in committing battery: (1) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (2) Uses a deadly weapon....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2000 WL 31819
...The victim's eye was black and blue and he had several lumps around his face as well as abrasions on his chest, left elbow, and left knee. The following day, the State filed a petition for delinquency, charging B.F. with aggravated battery, a second-degree felony. § 784.045, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1994 WL 45005
...ses. The state then requested a charge of aggravated battery as a lesser included offense. The trial judge agreed and instructed the jury on aggravated battery by reason of causing great bodily harm or permanent disability to the victim, pursuant to section 784.045(1)(a)1., Florida Statutes (1991). The judge gave no instruction encompassing the use of a deadly weapon as proscribed by section 784.045(1)(a)2., Florida Statutes (1991)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2003 WL 327504
...1st DCA 2000), approved,
781 So.2d 1083 (Fla.2001). And, attempted second degree murder requires proof of an act which could have resulted in deathan element not required for aggravated battery. AFFIRMED. ORFINGER, J., and COBB, W.H., Senior Judge, concur. NOTES [1] §
784.045(1)(a)1. and 2., Fla. Stat. [2] §
782.04(2); §
777.04; §
775.087, Fla. Stat. [3] U.S. Const. Amend V; Fla. Const., art 1 § 9. [4] See Fla. Std. Jury Instr. (Crim) 122; §
784.045(1)(a)1 and 2, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 256435
...ecause the weapon is an essential element of the crime. See Young v. State,
841 So.2d 697 (Fla. 4th DCA 2003); Cargle v. State,
829 So.2d 366 (Fla. 1st DCA 2002). Sentence VACATED; REMANDED for Resentencing. GRIFFIN and TORPY, JJ., concur. NOTES [1] §
784.045(1)(a)2., Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...l requirement that an accused be informed of the accusation against him and also violates the due process clauses of the state and federal constitutions and constitutes fundamental error. (7) A criminal charging document charging aggravated battery (§ 784.045, Fla....
...A due process question is presented by the conviction of Akins of aggravated assault as a necessary lesser included offense of the aggravated battery charged in count II. If the charges of aggravated battery and the aggravated assault are both based on the use of a deadly weapon (§
784.045(1)(b) and §
784.021(1)(a)), as they are in this case, in essence the legal question is whether simple assault (§
784.011, Fla....
...State,
447 So.2d 411 (Fla. 5th DCA 1984), and need not be repeated here. Because statutory assault (§
784.011, Fla. Stat.) and statutory battery (§
784.03, Fla. Stat.) (and, consequently, aggravated assault (§
784.021, Fla. Stat.) and aggravated battery (§
784.045, Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2001 WL 1657216
...In Bradham, the defendant was convicted of kidnaping and committing an aggravated battery during the commission of one criminal offense. His kidnaping was reclassified under section
775.087(1) as a life felony and he was also convicted of an aggravated battery under section
784.045(1)(a)1....
...The court in Bradham stated that as applied to that case, the reclassification statute required proof of a felony in which the use of a weapon is not an essential element, plus an aggravated battery in order to enhance the felony. The charge brought under section 784.045(a)(1) required proof of an aggravated battery, the same element required for enhancement....
...The state argues that Maxwell's beating of Young with his fists was the subject of count two and that his stabbing of Young with a knife was the subject of count three. However, the information was not so worded and in any event, the beating and the stabbing occurred at the same time. Section 784.045 provides: (1)(a) A person commits aggravated battery who in committing battery: 1....
...Accordingly, we affirm in all regards, except for the double aggravated battery convictions and sentences, one of which we reverse. The judgment lists aggravated battery causing great bodily harm as "FF," and aggravated battery with a deadly weapon as "FS." However, section
784.045(2) lists both as second degree felonies. We therefore strike the aggravated battery causing great bodily harm conviction. AFFIRMED in part; REVERSED in part. THOMPSON, CJ., and SAWAYA, J., concur. NOTES [1] §
784.045(1)(a)1., Fla. Stat. (1999). [2] §
784.045(1)(a)2., Fla. Stat. (1999). [3] §
812.13(2)(a), Fla. Stat. (1999). [4] §
787.01(1)(a)2., Fla. Stat. (1999). [5] §
784.045(1)(a)2., Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2013 WL 6925444, 2013 Fla. App. LEXIS 20511
...fundamental error, he did not waive the error. We conclude that the error was not fundamen- ATTEMPTED SECOND DEGREE MURDER —
782.04(2) and
777.04 CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Aggravated assault
784.021 8.2 Aggravated battery
784.045 8.4 Assault
784.011 8.1 Battery
784.03 8.3 *963 tal but that even if it was, Mr....
...as a second-degree felony). The jury was instructed, and the verdict form confirmed, that the next lesser offense was not attempted manslaughter — it was aggravated battery, which like attempted second-degree murder is a second-degree felony. See § 784.045, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2008 WL 5191501
...discharge of a firearm. Even if defense counsel should have asked for a better verdict form, I conclude this one legally permitted the judge to enter the enhanced conviction challenged on appeal. I therefore dissent from this opinion. NOTES [1] See §
784.045, Fla. Stat. (2006). [2] See §
775.087(1), Fla. Stat. (2006). [3] See §
775.082. [4] Section
784.045 provides the following: (1)(a) A person commits aggravated battery who, in committing battery: 1....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2008 WL 3155064
...bodily injury. These clauses are consistent with the common practice in prosecutions under the aggravated battery statute, in which the jury determines whether, in fact, the victim has sustained "great bodily harm," a similar quantum of injury. See § 784.045(1)(a)1., Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1996 WL 441692
...Hakes, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. The appellant, Henry Anthony Dozier, appeals the trial court's judgments and sentences. We reverse and remand for resentencing. The appellant was charged with aggravated battery and robbery with a weapon, in violation of sections
784.045 and
812.13(1) and (2)(b), Florida Statutes (1993)....
...of WAYMON WILLIAMS against his will, and in so doing did intentionally or knowingly cause great bodily harm, permanent disability or permanent disfigurement to the said WAYMON WILLIAMS, and in so doing used a deadly weapon, to-wit: a concrete block. Section
784.045(1)(a), Florida Statutes (1993), provides that a person commits aggravated battery when, in committing the battery, that person "1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon." Although section
784.045(2) defines aggravated battery as a second degree felony, section
775.087(1), Florida Statutes (1993), permits second degree felonies to be reclassified as first degree felonies under certain circumstances when a weapon is used in committing the felony....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1998 WL 204693
...Because dismissal was not warranted, the granting of Miller's motion to dismiss is reversed. Because the issue raised on crossappeal is not related to the order on appeal, Miller's cross-appeal is dismissed. The State charged Miller with aggravated battery in violation of section 784.045, Florida Statutes (1995), for allegedly pushing Larry Green over a six-foot wall, causing Green to land on his head and become permanently disabled....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2012 WL 1440532, 2012 Fla. App. LEXIS 6596
SAWAYA, J. Brandon Brown appeals his conviction for aggravated battery with a deadly weapon in violation of section 784.045(l)(a)2., Florida Statutes....
...Brown contends that the trial court erred in denying his motion for judgment of acquittal. Our standard of review is de novo. 1 An essential element of the offense of aggravated battery with a deadly weapon that the State must prove beyond a reasonable doubt under section
784.045(l)(a)2. is that the object used to commit the offense is a deadly weapon. See Wolfork v. State,
992 So.2d 907, 909 (Fla. 2d DCA 2008); Thomas v. State,
932 So.2d 1221, 1224 (Fla. 5th DCA 2006); C.A.C. v. State,
771 So.2d 1261, 1262 (Fla. 2d DCA 2000). Section
784.045, like other statutes that proscribe criminal conduct with the use of a “deadly weapon,” does not provide a definition of that term....
...When Brown saw he could not injure the victim with the broomsticks, he folded them in his hand and stopped using them. If there is any fact established by this testimony, it is that the broomsticks are not deadly weapons because they were not likely to cause great bodily harm. Great bodily harm under section 784.045 is distinguished from *572 slight, trivial, or moderate harm that maybe caused by a simple battery....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2002 WL 662265
...This was incorrect. Attempted manslaughter is a third-degree felony. See §
782.07(1), Fla. Stat. (1999) (manslaughter is second-degree felony); §
777.04(4), Fla. Stat. (1999) (attempt is one level below offense). Aggravated battery is a second-degree felony. See §
784.045, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 2952, 2009 WL 838488
...avated battery conviction. The information in this case charged Haliburton with aggravated battery based on alternative theories that Haliburton used a deadly weapon (i.e. the firearm) or that he intentionally caused great bodily harm to the victim. § 784.045(1)(a), Fla....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 15908, 2015 WL 5201729
...In this case, three prior violent felony convictions are needed to support a
sentence under Section 924(e)(1). The Government presents four1 prior
convictions to justify Braun’s sentence: (1) aggravated battery on a pregnant
woman under Florida law, FLA. STAT. § 784.045(1)(b); (2) battery on a law
enforcement officer under Florida law, FLA....
...at 26,
125 S. Ct. at 1263.
A. Aggravated Battery on a Pregnant Woman
1. Whether the Statute is Divisible
Braun concedes that he was convicted of aggravated battery on a pregnant
woman under FLA. STAT. §
784.045(1)(b)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2507
...for attempted sexual battery. We affirm in part and reverse in part. The state filed an amended information charging the defendant with battery in violation of section
784.03, Florida Statutes (1985); aggravated battery with a knife in violation of section
784.045(1)(b); attempted sexual battery with the use or threatened use of a knife in violation of sections
777.04 and
794.011; and attempted kidnapping with intent to commit or facilitate sexual battery in violation of sections
777.04 and
787.01....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2012 WL 4511343, 2012 Fla. App. LEXIS 16732
...*243 Neither section
843.19 nor any Florida case law offers a definition of “great bodily harm” under these types of circumstances. However, cases discussing “great bodily harm” in the context of aggravated battery to a human being provide some guidance. Like section
843.19, section
784.045 (aggravated battery) does not define “great bodily harm.” Nonetheless, Florida courts have generally defined “great bodily harm” as “great as distinguished from slight, trivial, minor or moderate harm, and as such does not i...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 16076, 2009 WL 3446388
...n fled the residence and stole her vehicle. The defendant was charged by information with domestic aggravated battery (Count I) and domestic aggravated assault with a deadly weapon (Count II). Count I cited the applicable aggravated battery statute, section 784.045(1)(a)1 and 2, Florida Statutes (2006), but it made no statutory or factual references regarding the defendant's commission of the aggravated battery in the presence of a child....
...As we explained in Inmon, possessing a firearm carries a different mandatory sentence than discharging a firearm. Thus, how the gun was used during the commission of a crime is an essential element of the crime under the statute. Here, the defendant was charged with domestic aggravated battery in violation of section 784.045(1)(a), Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2006 WL 2872711
...of Criminal Procedure 3.510. An aggravated battery arises when a person who in committing a "battery" either "[i]ntentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or . . . [u]ses a deadly weapon." § 784.045(1)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1991 WL 203123
...Lynch, Assistant Public Defender, Bartow, for appellant. Robert A. Butterworth, Atty. Gen., Tallahassee, and Roberta G. Mandel, Asst. Atty. Gen., Miami, for appellee. *944 LEHAN, Acting Chief Judge. Defendant was convicted of aggravated battery in violation of section
784.045, Florida Statutes (1989), and of resisting an officer without violence in violation of section
843.02. We do not agree with his contentions regarding his conviction under section
843.02 and affirm his conviction for that crime without further comment. However, portions of his two contentions pertaining to his conviction under section
784.045 have merit....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2001 WL 1516959
...From the photographs, the jury could see the tissue destruction and the ripping and tearing of the tissue. In addition, based on our viewing of the *687 record, the exhibits do not appear to be gross or shocking. AFFIRMED. HARRIS and PETERSON, JJ., concur. NOTES [1] § 784.045(1)(a)1., Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1994 WL 194177
...eapon." [1] We affirm on the authority of Lareau v. State,
573 So.2d 813, 815 (Fla. 1991) [2] ("section
775.087(1) permits reclassification and the consequential enhancement of penalties for the crime of aggravated battery causing great bodily harm, section
784.045(1)(a), *600 when a weapon is used to commit the crime."); Hayward v....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 102452
...For each of the aggravated batteries upon an elderly person, he imposed a life sentence to run concurrently with the corresponding robbery offense against the same victim. The judge reasoned that the aggravated batteries, ordinarily second degree felonies under §
784.045(2), should be reclassified to first degree felonies pursuant to §
784.08(2)(a)....
...eses were over the age of 65 at the time, the appellant's motion for judgment of acquittal on the §
784.08(1) charges was properly denied. It was, however, error for the judge to reclassify the appellant's offenses from second degree felonies under §
784.045(2) to first degree felonies pursuant to §
784.08(2)(a), because the appellant was never prosecuted under the latter statute....
...rmanent disability or permanent disfigurement to Myra N. Jones or in committing said battery used a deadly weapon, to-wit: a stick or poole cue [sic] and at the time of said battery Myra N. Jones was 65 years of age or older in violation of Sections
784.045 and
784.08, Florida Statutes.
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1998 WL 236186
...We reject the argument that this sentence is illegal based upon the length of the sentence. Speights was sentenced to 22 years imprisonment. He was convicted of aggravated battery, a second degree felony. The offense of aggravated battery is punishable as provided in sections
775.082,
775.083, or
775.084. See §
784.045(2), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...We affirm on the authority of Ray v. State,
403 So.2d 956 (Fla. 1981), and Torrence v. State,
440 So.2d 392 (Fla. 5th DCA 1983). Discharge of a firearm in public, section
790.15, Florida Statutes (1981), is not a necessarily lesser included offense of aggravated battery, section
784.045(1)(b), Florida Statutes (1981)....
...ORFINGER, C.J., and SHARP, J., concur. COWART, J., dissents with opinion. COWART, Judge, dissenting: Appellant, a child charged with delinquency in a petition alleging that the delinquent act was the commission of an aggravated battery in violation of section
784.045(1)(b), Florida Statutes, (1981), was found delinquent by virtue of discharging a firearm in public in violation of section
790.15, Florida Statutes, (1981), as a lesser included offense of the offense charged. *249 An offense under section
790.15, Florida Statutes, (1981), is not a lesser included offense of the charged offense of aggravated battery (section
784.045(1)(b), Florida Statutes, (1981)). First, the statutory offense of discharging a firearm in public (§
790.15, Fla. Stat. (1981)) is not a true or necessary lesser included offense of statutory aggravated battery (§
784.045(1)(b), Fla. Stat. (1981)) because the
790.15 offense has many elements not necessarily included in the elements of the
784.045(1)(b) offense. Section
790.15 requires the existence and presence of a firearm while section
784.045(1)(b) requires a deadly weapon. A firearm (as defined in section
790.001(6), Fla. Stat. (1981)), may, or may not, be a deadly weapon but not every deadly weapon is a firearm. Section
790.15 requires the firearm to be discharged;
784.045(1)(b) requires only that the deadly weapon be "used". A deadly weapon, even a firearm, may be "used" without being discharged. Section
790.15 requires the firearm be discharged in a public place or on or over certain rights-of-way or occupied premises while section
784.045(1)(b) contains no element relating to a necessary particular place of the offense. Section
790.15 requires the prohibited act to be done with certain knowledge relating, presumably, to the firearm and to the character of the place where the firearm is discharged, while section
784.045(1)(b) requires no such particular knowledge as to the character of the place of the offense....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit
an element of aggravated battery. Fla. Stat. §
784.045 ; see Montero v. State ,
225 So.3d 340, 343 (Fla
CopyCited 3 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 155, 2014 Fla. LEXIS 1034, 2014 WL 1240029
...FACTS AND PROCEDURAL HISTORY On June 19, 2008, the State charged Marston with three counts of sexual battery (deadly weapon or force causing injury) (§
794.011(3), Fla. Stat. (2008)), one count of kidnapping (§
787.01(1)(a)2., Fla. Stat. (2008)), one count of aggravated battery (great bodily harm) (§
784.045(1)(a)1., Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 2926, 35 Fla. L. Weekly Fed. D 570
...We agree with Hernandez. First, we must determine whether the aggravated battery was improperly reclassified. Aggravated battery is a second-degree felony that can be accomplished by either: (a) inflicting great bodily harm, or (b) using a deadly weapon. § 784.045(1)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 825893
...Butterworth, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Appellee. WHATLEY, Judge. Scott Sackett appeals his conviction of aggravated battery on a woman he knew or should have known was pregnant in violation of section 784.045(1)(b), Florida Statutes (1997)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2468695
...If one merely considered the facts presented at trial in this case and did not read the information, it would seem that Mr. Pitts would be charged with aggravated battery for the fight on the ground. In fact, the State did not charge Mr. Pitts with aggravated battery, a second-degree felony, § 784.045(1)(a)(1), (2), even though it presented extensive evidence of the beating that occurred after the trucker left the truck, including evidence of the severe injuries the trucker sustained in that subsequent fight....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 2016 U.S. App. LEXIS 11159, 2016 WL 3362057
...Rogers’s presentence investigation report (“PSI”) and
sentencing transcript would reveal about his ACCA enhancement, we know from
his first § 2255 motion that the enhancement was based on: (1) a conviction for
aggravated battery, pursuant to Fla. Stat. § 784.045; (2) a conviction for aggravated
assault, pursuant to Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 1684
...The plea negotiations did not specify the sentence for each count of each information. Appellant argues first that the court erred when it sentenced him to seventeen years for an aggravated battery count because aggravated battery is a second degree felony carrying a maximum term of fifteen years. § 784.045, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1838
...We reverse the defendant's conviction for aggravated battery upon a holding that where, as here, the defendant was charged with sexual battery, the not-necessarily-included offense of aggravated battery is a lesser offense of sexual battery only if the elements of Section 784.045, Florida Statutes (1983), are alleged in the charging document....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Public Defender, for appellant. Robert L. Shevin, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee. Before PEARSON, CHARLES CARROLL and HAVERFIELD, JJ. PER CURIAM. The appellant and two other men were charged with aggravated battery, in violation of § 784.045, and in a second count with robbery, in violation of § 813.011 Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1989 WL 5245
...tal error. See Lee v. State,
526 So.2d 777 (Fla. 2d DCA 1988). We find no merit in Priestley's other point on appeal. REVERSED AND REMANDED FOR A NEW TRIAL. CAMPBELL, C.J., and SCHOONOVER, J., concur. NOTES [*] The jury instruction is patterned from section
784.045, which provides: (1) A person commits aggravated battery who, in committing battery: (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) Uses a deadly weapon. §
784.045, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 231, 2011 WL 180368
....087(2)(a)3. The State argues that any error in including these extra terms was harmless, contending that all permanent disabilities and permanent disfigurements constitute “great bodily harm.” We reject the State’s argument. An examination of section 784.045(l)(a) leads to the conclusion that the Legislature has determined that not all permanent disabilities and permanent disfigurements constitute great bodily harm....
...manent disabilities or disfigurements. Additionally, if all permanent disabilities and permanent disfigurements fell within the definition of “great bodily harm,” it would have been unnecessary for the Legislature to have included these terms in section 784.045(l)(a)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...784.03(1)(a)(1), Fla. Stat.; Washington v. State,
912 So. 2d 344, 346 (Fla. 3d DCA
2005) (“[A]ttempted aggravated battery is committed when a person commits an
attempted battery and either intends to cause great bodily harm or uses a deadly
weapon.”), citing §
784.045 Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1992 WL 355050
...om the victim's disabilities, we cannot hold, as a matter of law, that the erroneous flight instruction was harmless. See State v. DiGiulio,
491 So.2d 1129 (Fla. 1986). The defendant was charged with aggravated battery by using a deadly weapon under section
784.045(1)(a)2., Florida Statutes, and not with an aggravated battery by intentionally or knowingly causing great bodily harm or permanent disfigurement under section
784.045(1)(a)1., Florida Statutes....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1997 WL 794571
...Daniels, Public Defender; Terry Carley, Special Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee; Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. BENTON, Judge. Jeffrey Adle Evans appeals convictions for aggravated battery, in violation of section
784.045(1), Florida Statutes (1993), and for carrying a concealed weapon, in violation of section
790.01, Florida Statutes (1993)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1989 WL 155662
...The defendant, charged with attempted murder, entered a negotiated plea to the reduced charge of aggravated battery. An aggravated battery may be committed by either: (a) causing great bodily harm, permanent disability or permanent disfigurement; or (b) use of a deadly weapon. § 784.045(1), Fla....
...We note that the defendant has not sought to withdraw his plea, nor does he contest the imposition of the three year mandatory minimum for use of a firearm. It is undisputed that a defendant convicted of an aggravated battery by using a deadly weapon, under section
784.045(1)(b), Florida Statutes, may not be subjected to *639 further enhancement of the penalty through the application of section
775.087(1), Florida Statutes, because the weapon is, as defined under that subsection, an essential element of the offense....
...t subject to being further enhanced by the use of section
775.087(1)." The state argues that an aggravated battery sentence is subject to enhancement by use of a firearm where the conviction is founded only upon subsection (a) (great bodily harm) of
784.045(1), and where the use of a firearm is asserted solely for the purpose of enhancement....
...State , involving a conviction for aggravated battery under subsection (b) use of a deadly weapon, the court recognized: A problem arises in this case from the fact that there are two separate and distinct types of aggravated battery, i.e., a battery under section 784.045(1)(a) which intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, and a battery under section 784.045(1)(b) which is committed by one who uses a deadly weapon....
...empted murder but either type of aggravated battery could have been alleged as a permissible lesser included offense of the attempted murder charge. See Brown v. State,
206 So.2d 377 (Fla. 1968). * * * * * * Of course, every deadly weapon as used in section
784.045(1)(b), Florida Statutes (1979), (the second type of aggravated battery) is a weapon within the exception in section
775.087(1), Florida Statutes (1979)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 52
...Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee. COWART, Judge. Pursuant to a plea agreement, appellant pled guilty to a grand theft (§
812.014(2)(b), Fla. Stat.) and an attempted aggravated battery (§
777.04,
784.045(1)(b), Fla....
...ould not exceed the term provided by general law. The Florida Bar: Amendment to Rules of Criminal Procedure (Sentencing Guidelines),
451 So.2d 824, 828 (Fla. 1984). As to split sentences, see sections
948.01(5) and
948.01(8), Florida Statutes. Under section
784.045(2), Florida Statutes, aggravated battery is a felony of the second degree; under section
777.04(4)(c) the attempt is a felony of the third degree, which under section
775.082(3)(d) is punishable by a term of imprisonment not exceeding five years....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...4.03(1), Florida Statutes. Considering the severity of the injuries suffered by the victim as testified to by the doctors, the evidence would also be sufficient to show "great bodily harm," which will support a conviction of aggravated battery under Section 784.045(1)(a), Florida Statutes....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 40
...Gen., and G. Bart Billbrough, Asst. Atty. Gen., for appellee. Before HENDRY, HUBBART and DANIEL S. PEARSON, JJ. PER CURIAM. Steven Busch appeals his conviction of aggravated battery with a firearm and *1077 shooting into an occupied building in violation of section
784.045, Florida Statutes (1981), and section
790.19, Florida Statutes (1981)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1790
...Everyone suffers a relative lack of insight about various things at least occasionally. Everyone is sometimes "irresponsible" in some way or another. Such a vague and undefinable and hardly qualifiable reason should not be a basis for departure. I would quash the sentence and remand for resentencing. NOTES [1] § 784.045(1)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 3851, 2009 WL 1139242
...e avoided. On March 6, 2007, the circuit court sentenced Mr. Jaimes to concurrent terms of twenty-five years' incarceration for the two counts of aggravated battery. Aggravated battery is a second-degree felony punishable by up to fifteen years. See § 784.045, Fla....
...did unlawfully commit a battery upon Richard Miller, by actually and intentionally touching or striking said person, against said person's will, or by intentionally causing bodily harm to said person, and in committing said battery did use a deadly weapon, to-wit: wooden club or stick, contrary to Florida Statute 784.045. Although section 784.045, Florida Statutes (2004), provides the offense of aggravated battery occurs when a defendant causes great bodily harm or uses a deadly weapon, the information here alleged only the use of a deadly weapon....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1996 WL 174370
...has not demonstrated that he was misled or prejudiced thereby. Grissom,
405 So.2d at 292. As a second basis for reversal, Appellant argues that the state failed to establish that he used a "deadly weapon" pursuant to the aggravated battery statute, section
784.045(1)(a)2, Florida Statutes....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2001 WL 1141818
...tant case. Moreover, and more importantly, the jury specifically found that the knife was not used as a deadly weapon in the battery. With respect to this alleged aggravated battery, the state charged that Waits: did, in violation of Florida Statute 784.045(1)(a)2., knowingly commit a battery upon APRIL SALLEY, and in furtherance thereof, did actually and intentionally touch or strike APRIL SALLEY against the will of APRIL SALLEY or did intentionally cause bodily harm to APRIL SALLEY, and in the...
CopyCited 2 times | Published | District Court of Appeal of Florida
battery on a victim who is known to be pregnant. §
784.045(1), Fla. Stat. (2014). The jury specifically found
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1991 WL 248613
...survive. In order to protect a jury verdict supporting a first degree aggravated battery, the verdict form must be designed to show that the jury found both "great bodily harm" and "use of a weapon." AFFIRMED. COBB and HARRIS, JJ., concur. NOTES [1] Section 784.045(2), Fla....
...In this case, recalculation of defendant's scoresheet would place him within the next lowest cell. While the sentence is not in excess of that permitted by the guidelines, given that the trial judge sentenced defendant to the minimum permitted sentence, resentencing would be required. [4] Section 784.045(1)(a)(2)(b), Florida Statutes (1989)....
...d battery was committed because a deadly weapon was used but no great bodily harm was inflicted. It also does not recognize any difference between the "weapon" referred to in section
775.087(1), Florida Statutes, and a "deadly weapon" referred to in section
784.045(1)(a)(2), Florida Statutes....
CopyCited 2 times | Published | Supreme Court of Florida | 2013 WL 6124277
...ical or psychological injury to [an elderly person] [a disabled adult]]. Lesser Included Offenses AGGRAVATED ABUSE OF [AN ELDERLY PERSON] [A DISABLED ADULT]—
825.102(2) CATEGORY ONE CATEGORY TWO FLA. INS. NO, STAT. Aggravated Battery if Fla. Stat.
784.045 8.4
825.102(2)(a) is charged Abuse of An Elderly Person or Disabled
825.102(1) 29.20 Adult Felony Battery if Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2008 WL 1958647
...ds the statutory maximum for a second degree felony. Collazo v. State,
966 So.2d 429 (Fla. 4th DCA 2007). Leary was charged by information with the second degree felony of aggravated battery with a firearm and/or resulting in great bodily harm under section
784.045, Florida Statutes (2002)....
...Appellant was convicted and sentenced under the "10-20-Life" statute, requiring a twenty-five year mandatory minimum for discharging a firearm during the commission of the second degree felony, aggravated battery with a firearm resulting in great bodily injury. Fla. Stat. §§
784.045(1)(a)1-2,
775.082(3)(c)(2002)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 6235, 2009 WL 1457017
...The State of Florida appeals from an order granting in part defendant Javares Williams' sworn motion to dismiss, reducing the charge of aggravated battery with a deadly weapon to simple battery. We reverse and remand. The defendant was charged by information with aggravated battery with a deadly weapon pursuant to sections
784.045(1)(a)2 and
775.087, Florida Statutes (2007), by intentionally striking the victim's head against her will with a deadly weapon, to wit: a firearm....
...the statute." [1] LEGAL ANALYSIS An aggravated battery requires that the person, in committing a battery, either "[i]ntentionally or knowingly cause[] great bodily harm, permanent disability, or permanent disfigurement" or "[u]se[] a deadly weapon." § 784.045(1)(a). In the instant case, the State charged the defendant under the "deadly weapon" theory. § 784.045(1)(a)2....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...Kehoe, Orlando, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Andrea K. Totten,
Assistant Attorney General, Daytona
Beach, for Appellee.
COHEN, C.J.
Following a jury trial, Darion Johnson was convicted of aggravated battery on a
pregnant person. See § 784.045(1)(b), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1996 WL 238510
...erse and remand for resentencing. The appellant was charged with four counts of robbery with a firearm (counts I-IV), in violation of section
812.13(1) and (2)(a), Florida Statutes (1991), aggravated battery with a firearm (count V), in violation of section
784.045, Florida Statutes (1991), and grand theft of a motor vehicle (count VI), in violation of section
812.014(2)(c)4, Florida Statutes (1991)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2012 WL 1514435, 2012 Fla. App. LEXIS 6751
...d only the mother was arrested for the death. . "A person commits aggravated battery who, in committing battery: 1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon.” § 784.045(l)(a), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 4367, 2011 WL 1167213
...Aggravated battery, the first requested lesser-included offense, is statutorily defined as follows: (1)(a) A person commits aggravated battery who, in committing battery: 1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon. § 784.045, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1999 WL 105115
...Second, the state explained that V.M.'s specific intent to hit the victim was evidenced by V.M.'s repeated blows to the victim's back. The court denied V.M.'s motion for judgment of acquittal and found appellant guilty. We first address appellant's transferred intent argument. Section 784.045(1)(b),Florida Statutes (1997), the statute under which appellant was convicted, provides that "[a] person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offen...
...officer. In Mordica v. State,
618 So.2d 301 (Fla. 1st DCA 1993), we held that because of the knowledge requirement in
787.07(2), battery on a law enforcement officer is a specific intent crime. In accordance with our reasoning in Mordica, therefore, section
784.045(1)(b) defines a specific intent crime because the statute requires the knowing commission of a battery on a pregnant woman. Appellant is thus correct to argue that the doctrine of transferred intent does not operate in the instant case to elevate V.M.'s general intent to commit a simple battery on her brother to the specific intent required to violate section
784.045(1)(b)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1991 WL 105619
...misdemeanor charges also included in the combination felony-misdemeanor information in the circuit court but which were later discharged in the county court under the speedy trial rule. However, in this case the felony charge of aggravated battery (section
784.045(1)) cannot be proved without proving the misdemeanor battery offense (section
784.03, Florida Statutes). See Fla.Std. Jury Inst. (Crim.), Schedule of Lesser Included Offenses (§
893.13(1)(a), Fla. Stat.) in which Battery (section
784.03, *1021 Florida Statutes) is shown as a category 1 lesser included offense of aggravated battery (section
784.045(1)(a) and (b), Florida Statutes)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2014 WL 2599901, 2014 Fla. App. LEXIS 9013
...We note that to support his double jeopardy argument, Edwards cites, without discussion, Simmons v. State,
554 So.2d 1199 (Fla. 1st DCA 1989), in which this court held that reversal was required where "[a] single battery gave rise to two separate charges, one under section
784.045(1)(a) and the other under section
784.045(1)(b), Florida Statutes (1987).” However, Simmons dealt with the 1987 version of section
784.045(1), which refers to use of a deadly weapon. Under the 1987 version of the statute, sections
784.045(1)(a) and (b) read, (1) A person commits aggravated battery who, in committing battery: (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) Uses a deadly weapon....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1755
...Solicitation of a child to engage in sexual activity under the conditions set out in section 794.041(2)(a) constitutes a third degree felony. Aggravated battery, a category 2 lesser included offense of sexual battery under sections
794.011(2) and (3), is a second degree felony under section
784.045(1)(a)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 11082, 2011 WL 2731213
...Stat. (1995). Thus, the defendant's life sentence must be reversed and this case remanded to the trial court to resentence the defendant accordingly. AFFIRMED in part; REVERSED in part; and REMANDED. GRIFFIN and EVANDER, JJ., concur. NOTES [1] See § 784.045, Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 19, 2016 Fla. LEXIS 189, 2016 WL 339550
...Lucas also argued in his motion that trial counsel had a duty to present an
expert in the field of ophthalmology to rebut the presumption of permanent injury
as an element of aggravated battery—and that if trial counsel had done so, the jury
1. Section 784.045, Florida Statutes (2015), provides that a person is guilty
of “aggravated battery” if, in committing a battery, the person “[i]ntentionally or
knowingly causes great bodily harm, permanent disability, or permanent
disfigurement.” § 784.045(1)(a)1., Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 119597
...quired by Richardson before excluding the defense witness, we agree that Mr. Delgado is entitled to a new trial. A jury found Mr. Delgado guilty of one count of aggravated battery with a deadly weapon or by causing great bodily harm, in violation of section 784.045(1)(a)1 and (1)(a)2, Florida Statutes (2003)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1994 WL 12427
...State,
616 So.2d 597 (Fla. 4th DCA), rev. denied,
626 So.2d 206 (Fla. 1993); Thomas v. State,
517 So.2d 132 (Fla. 4th DCA 1987); Snell v. State,
502 So.2d 489 (Fla. 4th DCA 1987). AFFIRMED in part, REVERSED in part, and REMANDED. DAUKSCH and GRIFFIN, JJ., concur. NOTES [1] §
784.045(1)(a)(2), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 352
...If both crimes require proof of an element different than the other, they are separate and distinct crimes, [4] even though in any particular case, the same proofs are in fact used to establish both. See also, State v. Baker,
456 So.2d 419 (Fla. 1984). Aggravated battery is defined by section
784.045 as: (1) A person commits aggravated battery who, in committing battery: *578 (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) Uses a deadly weapon....
...the Blockburger test [5] in a single trial. Missouri v. Hunter,
459 U.S. 359,
103 S.Ct. 673,
74 L.Ed.2d 535 (1983). Apparently, the Florida Constitution also permits this result. See Gibson. AFFIRMED. COBB, C.J., and ORFINGER, J., concur. NOTES [1] §
784.045(1), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2006 WL 3498457
...vice sound rational and sane rather than insane. We accordingly reverse for a new trial. Appellant also argues that, because he never touched the victim with the knife, there was insufficient evidence to prove aggravated battery, which is defined by section 784.045(1)(a)(2), Florida Statutes (2002), as follows: (1) (a) A person commits aggravated battery who, in committing battery: * * * 2....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...Since Harrass II's abilities were the key to Dedge's identification, the error is not harmless. We reverse and remand this case for a new trial. REVERSED AND REMANDED. DAUKSCH and COBB, JJ., concur. NOTES [1] §
810.02(2)(a), Fla. Stat. (1981). [2] §§
794.011(2) & (3), Fla. Stat. (1981). [3] §
784.045(1)(b), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2017 WL 3400608, 2017 Fla. App. LEXIS 11433
...closing argument.”).
As part of its burden to prove that Williams committed aggravated battery
on Emmanuel, the state had to show that Williams “[i]ntentionally or knowingly
cause[d] great bodily harm, permanent disability, or permanent disfigurement.” §
784.045(1)(a)1., Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2013 WL 4005394, 2013 Fla. App. LEXIS 12320
...ant to section
784.021(l)(a), Florida Statutes (2009), which related to the threat to kill her with a knife. The charge of aggravated battery related to the beating of the girlfriend with a stool leg. The State charged aggravated battery pursuant to section
784.045(l)(a), Florida Statutes (2009), under both of the authorized theories: (1) that Mr....
...Miller] in committing the battery intentionally or knowingly caused permanent disfigurement to [victim] or used a deadly weapon. Significantly, this language is comparable to the language of the two statutes that combine to create this offense. See §
784.03(1), Fla. Stat. (2009); §
784.045(1)....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 1994 WL 406603
...t) a second degree felony. We remand for the sole purpose of correcting the scrivener's error. Mosco need not be present. AFFIRM; REMAND to correct scrivener's error. PETERSON and THOMPSON, JJ., concur. NOTES [1] §
810.02(3), Fla. Stat. (1993). [2] §
784.045(1)(a), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 2086168
...She testified that the dart she removed had penetrated *954 approximately one inch into her son's back. The victim did not require medical treatment. The blow gun was a lightweight metal shaft about thirteen inches long. The darts were six to seven inches long with sharp tips. Our aggravated battery statute, section 784.045, Florida Statutes (2003), provides that one method of committing the crime is by committing a battery with the use of a "deadly weapon." § 784.045(1)(a)(2), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 2212706
...of the prior inconsistent statement. See Andrews v. State,
263 So.2d 846 (Fla. 1st DCA 1972). Nor was there any objection to the State's apparent reference to the prior consistent statement as substantive evidence during closing argument. NOTES [1] §
784.045(1)(a)1., 2., Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2000 WL 1205714
...Hence, I find no harmful error and, if different, no fundamental error. NOTES [1] §§
782.04(1)(a)1;
777.04(1),
775.0823(2);
775.087(1)(a), (2)(a), Fla. Stat. [2] §
812.13(2)(a), Fla. Stat. [3] §
784.021(1)(a), Fla. Stat. [4] §
782.051(1), Fla. Stat. [5] §
812.13(2)(a), Fla. Stat. [6] §
784.045(1)(a), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 4539
...tive-defect challenge. We
disagree, and affirm his sentence.
I. Facts
In 2003, the State charged the defendant with attempted second-degree
murder and possession of a firearm by a felon pursuant to sections
784.045,
782.04
and
790.23, Florida Statutes (2002)....
...Llama Comanche Stoger Industries Revolver. Serial Number S83023;
and as a result of the discharge of said firearm, Ivory Lee Robinson
did cause an injury to WILLIAM FRANK MABREY, in violation
of Section
775.087, Florida Statutes, Section
784.045(1)(a)(2), and
Section
782.04(2), Florida Statutes....
...tempt to kill . . . by
shooting . . . with a firearm . . . causing bodily harm . . . did use a deadly weapon . .
. did possess a firearm . . . did discharge a firearm . . . did cause injury . . . in
violation of Section
775.087, Florida Statutes, Section
784.045(1)(a)(2), and
Section
782.04(2), Florida Statutes.” We agree with the State....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 3169, 2009 WL 996318
...HAZOURI, J. A jury found appellant, Herb Benjamin, guilty of two counts of aggravated battery with a firearm after being instructed on both aggravated battery based upon great bodily harm and aggravated battery based upon the use of a deadly weapon. See § 784.045(1)(a), Fla....
...as a habitual offender with a thirty-year mandatory minimum as a prison releasee reoffender. We reverse for resentencing. Aggravated battery is a second-degree felony which is committed by (1) causing great bodily harm or (2) using a deadly weapon. § 784.045....
CopyCited 1 times | Published | Supreme Court of Florida | 2015 WL 5445655
...ty of a life
sentence even if the jury’s verdict in the battery trial had been shown to the jury.
As the State points out, there are two forms of aggravated battery—one
involving great bodily harm and one involving a deadly weapon. See
§ 784.045(1)(a), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 7600
JOANOS, Judge. D.C. has appealed from an adjudication of delinquency based on a petition for delinquency alleging aggravated battery, contrary to Section 784.045, Florida Statutes (1989)....
...The fumes from the spray caused the victim to cough so that she could not catch her breath, and she later underwent treatment at a local emergency room before stabilizing. A petition for delinquency was filed alleging that D.C. had committed an aggravated battery against the victim. Section 784.045(l)(a), Florida Statutes (1989) provides that a person commits aggravated battery who, in committing a battery, either intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or uses a deadly weapon....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 19139, 2012 WL 5416215
...n to either. Nor was any objection interposed when the instructions were read to the jury. 1. As written and as the trial court read them to the jury, the jury instructions defined aggravated battery, not as requiring the use of a deadly weapon, see § 784.045(1)(a)2., Fla. Stat. (2008), but as entailing the infliction of great bodily harm, permanent disability or permanent disfigurement. See § 784.045(1) (a) 1., Fla....
...rs are instructed that a verdict of guilty should be for the highest offense proven beyond a reasonable doubt. Absent enhancement, aggravated battery is a second-degree felony, punishable by a maximum sentence of fifteen years’ imprisonment. See §§
784.045(2),
775.082(3)(c), Fla....
...s behest, an objection the trial court correctly *760 overruled. See Williams,
957 So.2d at 599 . Affirmed. LEWIS and ROWE, JJ., concur. . The jury used the form to return a general verdict of guilty of aggravated battery, without specifying whether section
784.045(1)(a) 1....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1998 WL 769791
...pted aggravated battery. In regard to the second issue, we find that the evidence of the attack on the victim, viewed in the light most favorable to the state, supports a finding that great bodily harm was intended and attempted to be inflicted. See § 784.045(1)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 17639
...So long as competent, substantial evidence supports the verdict, the denial of a motion for judgment of dismissal will not be reversed on appeal. See id. The petition alleged that on January 7, 2008, Appellant committed aggravated battery with a deadly weapon (a soda pop can), a second-degree felony, in violation of section 784.045(l)(a)2., Florida Statutes (2007); and wantonly or maliciously shot and threw any missile or hurled or projected a stone or other hard substance that would produce death or great bodily harm at a vehicle of any kind that was being used...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 29 Fla. L. Weekly Fed. D 2511
...nd (1)(a)2, Florida Statutes. In Taylor, the trial court committed fundamental error by instructing the jury that it could convict Taylor of aggravated battery if he used a deadly weapon or caused permanent disfigurement separate violations under section 784.045.(1)(a)1 and (1)(a)2, Florida Statutes whereas the information charged him only with using a deadly weapon....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1994 WL 226605
...l judge assured *349 him a hearing would be scheduled. None was ever held. Therefore, this cause must be reversed and the cause remanded to hold a restitution hearing as promised. REVERSED and REMANDED. DIAMANTIS and THOMPSON, JJ., concur. NOTES [1] § 784.045(1)(a)(2), Fla....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5513, 1992 WL 109134
...for aggravated battery; reverse the adjudications of W.A., V.F. and J.F. for aggravated battery and remand with instructions to reduce the adjudications to attempted aggravated battery; and affirm the remaining adjudications which were not contested on appeal. . Section 784.045(l)(a), Florida Statutes (1989), provides as follows: A person commits aggravated battery who, in committing battery: 1....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 6917, 2002 WL 1021793
...However, there was no testimony that the officers were injured, or otherwise shaken or moved by the collision impact. The State charged V.A. with aggravated battery. The theory was that the family car driven by V.A. was used as a deadly weapon. See § 784.045(l)(a)2., Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 7195, 2011 WL 1878004
...with a deadly weapon, and the charging document failed to allege the requisite elements of felony battery, we reverse. The State filed a petition for delinquency alleging that V.C. committed an aggravated battery by using a deadly weapon pursuant to section 784.045(l)(a)(2), Florida Statutes (2009)....
...ly reflect that felony battery is only a lesser included offense to aggravated battery if the charging document charges that the defendant, in committing the battery, intentionally caused permanent disability or permanent disfigurement as charged in section 784.045(2)(a), because the instruction, as written, is misleading....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 3265, 2011 WL 830617
...d in the information. In a related claim, the defendant *133 argues that his sentence on the aggravated battery charge must be reversed because he was not properly convicted on the aggravated battery charge as set forth in the information. We agree. Section 784.045 of the Florida Statutes (2009) defines the crime of aggravated battery, as follows: 784.045. Aggravated battery (l)(a) A person commits aggravated battery who, in committing battery: 1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2. Uses a deadly weapon. § 784.045(l)(a), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 8504, 2014 WL 2480261
...Both the crime of aggravated battery with a deadly weapon and the crime of simple battery require the state to prove that the defendant intentionally touched or struck the victim against the victim’s will or that the defendant intentionally caused bodily harm to the victim. See § 784.045(1)(a)2., Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2004 WL 1392428
...The state charged Dominguez by information with one count of armed robbery with a weapon, namely, an automobile, pursuant to section
812.13, Florida Statutes (1995), [1] and two counts of aggravated battery on a person sixty-five years of age or older with a deadly weapon pursuant to section
784.045, Florida Statutes (1995)....
...apon, then the robbery is a felony of the second degree.... §
812.13, Fla. Stat. (1995) (emphasis added). [2] The statute provides, in pertinent part: (1)(a) A person commits aggravated battery who, in committing battery... 2. Uses a deadly weapon. §
784.045, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1998 WL 372483
...THREADGILL, A.C.J., and PATTERSON and GREEN, JJ., concur. NOTES [1] We note that this is not the standard jury instruction. Aggravated battery is defined as the intentional causing of great bodily harm; or the use of a weapon during the commission of a battery. See § 784.045, Florida Statutes (1987)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 10120, 2009 WL 2191352
...ed with murder and had been acquitted. The trial judge gave a cautionary instruction to the jury that they were not to "speculate as to the truth or falsity of the matters asserted in the statement." Fear is not an element of aggravated battery. See § 784.045, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 308, 2016 WL 81668
...The jury also made a special finding that Gayden possessed a firearm during the commission of both offenses. We reject Gayden’s argument that his aggravated battery conviction must be set aside because there' was no evidence that the handgun expelled a projectile or was used as a bludgeon. Section 784.045, Florida Statutes (2012), provides, in pertinent part: Aggravated Battery....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 186947
...NTAL ERROR OCCUR WHEN AN ERRONEOUS JURY INSTRUCTION RELATES ONLY TO AN AFFIRMATIVE DEFENSE AND NOT TO AN ESSENTIAL ELEMENT OF THE CRIME? Accordingly, we REVERSE and REMAND for a new trial; QUESTION CERTIFIED. PALMER and TORPY, JJ., concur. NOTES [1] § 784.045(1)(a), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 1747, 2014 WL 493997
PER CURIAM. We affirm the denial of appellant’s motion for postconviction relief with the sole exception of appellant’s claim that his con *366 viction for aggravated battery under section
784.045(l)(a), Florida Statutes (2009), could not be reclassified from a second-degree felony to a first-degree felony under section
775.087(1), Florida Statutes (2009), based on the use of a weapon, which was an essential element of the offense....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2000 WL 220432
...the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084. For purposes of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld. Section
784.045, Florida Statutes (1997) reads as follows:
784.045 Aggravated Battery.- (1)(a) A person commits aggravated battery who, in committing battery: 1....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 WL 603559, 2012 Fla. App. LEXIS 2940
PER CURIAM. Appellant challenges his convictions, after jury verdicts, for both aggravated battery with a deadly weapon, pursuant to section
784.045, Florida Statutes, and aggravated battery with a deadly weapon upon another detainee in a detention facility, pursuant to section
784.082, Florida Statutes....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 673647, 2013 Fla. App. LEXIS 2994
...constituted a violation of the statute although the accusato-rial pleading described but one of many alternative factual events proscribed in the one statute. Thus if one is tried for aggravated battery by committing a battery with a deadly weapon, § 784.045(l)(b), Fla. Stat. (1979), and is convicted or acquitted, he cannot thereafter be tried as to the same factuál event for aggravated battery by committing a battery causing great bodily harm. § 784.045(l)(a), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 465576
...Thompson had either willfully failed to pay court-ordered costs or that he had changed his approved residence without permission, we reverse. I. FACTS AND PROCEDURAL HISTORY A. Background In October 2004, Mr. Thompson pleaded no contest to the charges of aggravated battery, section
784.045, Florida Statutes (2003), a second-degree felony; and felony child abuse, section
827.03, Florida Statutes (2003), a third-degree felony....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1996 WL 64796
...cing because the trial judge erroneously added to Palmer's score twenty-five points on his scoresheet for using a "semi-automatic" weapon. The state concedes error. After a jury trial, Palmer was convicted of aggravated battery with a firearm. *1019 § 784.045(1)(a)2., Fla.Stat....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 376055
...A simple battery occurs when the defendant “[a]ctually and intentionally touches or strikes another person against the will of the other.” §
784.03(l)(a)(l), Fla. Stat. (2009). The battery becomes an aggravated battery when the defendant uses a deadly weapon, such as a motor vehicle. See §
784.045(1)(a)(2); Beard v....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 18714, 2009 WL 4403236
...If Defendant believes he has a factual basis for this claim, the proper vehicle to determine the facts would be a motion made pursuant to Florida Rule of Criminal Procedure 3.850. AFFIRMED. PALMER and JACOBUS, JJ., concur. NOTES [1] Nelson v. State,
274 So.2d 256 (Fla. 4th DCA 1973). [2] See §
784.045, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 20045, 2009 WL 4928027
...He now appeals his conviction and sentence. We affirm. The defendant argues on appeal that the charge of second-degree murder, as alleged in the information, did not include all of the necessary elements of aggravated battery, specifically, the intent to cause great bodily harm, see § 784.045, Fla....
...f the State of Florida. [2] The State did not request, and the trial court did not give, an instruction stating that the defendant could be found guilty of aggravated battery by reason of using the tile or concrete floor as a deadly weapon. Id.; see § 784.045(1)(a)2., Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1995 WL 738789
...The state properly concedes that the total amount of the bills entered into evidence for the *345 victim was $13,569.00, not $21,383.90. Accordingly, we reduce the total amount of restitution ordered from $21,383.90 to $13,569.00. AFFIRMED as modified. DAUKSCH and GOSHORN, JJ., concur. NOTES [1] § 784.045(1)(a)1, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 WL 1718845, 2016 Fla. App. LEXIS 6547
...Ortiz that the trial court committed *519 error in instructing the jury on “the deadly weapon” version of the offense of aggravated battery that was not charged. Therefore, we affirm in part and reverse in part. I. THE FACTUAL AND PROCEDURAL BACKGOUND Section 784.045, Florida Statutes (2011), provides, in pertinent part, as follows: (1)(a) A person commits aggravated battery who, in committing battery: 1....
...on the 9th day of August, in the year of our Lord, two thousand eleven, did intentionally or knowingly cause great bodily harm, permanent disability, or permanent disfigurement to [the victim], a person 65 years of age or older; contrary to Chapter. 784.045/784.08(2)(a), Florida Statutes, and against the peace and dignity of the State of Florida. (Emphasis added). Thus the State charged Mr. Ortiz under the great bodily harm theory of aggravated battery under section 784.045(1)(a)(1) and omitted any reference to the deadly weapon theory under section 78,4.045(1)(a)(2)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 3981633
...a firearm. Concluding that the trial court erred in restricting the defendant to six peremptory challenges during jury selection, we reverse. The defendant was charged with committing the offense of aggravated battery with a firearm in violation of section 784.045 of the Florida Statutes....
...six peremptory challenges during jury selection when he was legally entitled to receive ten peremptory challenges. We agree. As noted above, the defendant was charged with committing the offense of aggravated battery with a firearm, in violation of section 784.045 of the Florida Statutes. Section 784.045 defines the offense as being a second degree felony....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1998 WL 188762
...Cases involving felony murder, where the underlying felony was aggravated battery using a weapon, have not allowed reclassification and enhancement based on section
775.087(1). As with the crime of sexual battery, the crime of aggravated battery is not always committed using a weapon. The aggravated battery statute, section
784.045, is separated into subparagraphs (1)(a)1intentionally or knowingly causes great bodily harmand (1)(a)2uses a deadly weapon. Nonetheless, when a defendant is charged under section
784.045(1)(a)2 in the indictment or information and the jury specifically finds that the defendant committed the battery with a weapon, then the use of the weapon is considered to be an essential element of the offense, barring reclassification of the crime and enhancement of the sentence under section
775.087(1)....
...does not, cause the death of another. See Amlotte v. State,
456 So.2d 448, 449 (Fla.1984). [5] The Gonzalez Court distinguished Lareau v. State,
573 So.2d 813 (Fla.1991) on its facts. Lareau held that an aggravated battery causing great bodily harm, §
784.045(1)(a)1, could be enhanced because the use of a weapon is not necessary to cause great bodily harm, whereas the Gonzalez aggravated battery involved the use of a deadly weapon, §
784.045(1)(a)2....
CopyPublished | Florida 1st District Court of Appeal
...(2011). We affirm.
Jones was charged with aggravated battery. Such an offense
can be established in two ways: (i) the intentional infliction of
great bodily harm, permanent disability, or permanent
disfigurement; or (ii) use of a deadly weapon. § 784.045(1)(a), Fla.
Stat....
...____ Guilty of Felony Battery, a lesser included offense.
____ Guilty of Battery, a lesser included offense.
____ Not Guilty.
_______________
2
An aggravated battery is generally a second degree
felony. § 784.045(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 13526
...l court to conduct an evidentiary hearing on
Mr. Bland's motion.
The State charged Mr. Bland in two separate cases with aggravated
battery with intention to cause great bodily harm and aggravated battery with a deadly
weapon. See § 784.045(1)(a)(1), (1)(a)(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...jury viewed photos of the injuries. The victim also showed the jurors
markings and scars on her body.
The State originally charged Ms. Harvis with aggravated battery
because Ms. Harvis intentionally ran over the victim with a vehicle
causing great bodily harm. See § 784.045(1)(a), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 13194, 2015 WL 5165545
...In another statute, the Legislature transformed a simple battery into aggravated battery “if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.” § 784.045(l)(b), Fla....
CopyPublished | Florida 5th District Court of Appeal
...of secure detention. We agree and grant his petition.
Petitioner is being prosecuted in the juvenile division of the
circuit court on one count of aggravated battery causing great
bodily harm, permanent disability, or permanent disfigurement in
violation of section 784.045(1)(a)1., Florida Statutes (2023), which
would constitute a second-degree felony if committed by an adult.
The offense allegedly occurred on July 13, 2023....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 21813
conviction and sentence for aggravated battery, Section 784.-045, Florida Statutes (1981). We affirm. In her
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 14077, 2015 WL 5603453
...“[i]ntentionally or knowingly
cause[d] great bodily harm, permanent disability, or permanent
disfigurement,” or used a deadly weapon, or that the victim of the battery
was pregnant and the offender knew or should have known she was
pregnant. See § 784.045(1), Fla....
...(the opposite
of no) evidence presented during the state’s case, viewed in a manner to
affirm the trial court’s decision, that Smith intended to cause the victim
great bodily harm, permanent disability, or permanent disfigurement as
required by section 784.045(1)(a)1, Florida Statutes (2012), when he
applied this chokehold4 to the victim?
Professional wrestler Adrian Adonis was known for his sleeper hold,
which he called “goodnight Irene.”5 A professional wrestling sleeper hold
is n...
CopyPublished | Florida 4th District Court of Appeal
...“[i]ntentionally or knowingly
cause[d] great bodily harm, permanent disability, or permanent
disfigurement,” or used a deadly weapon, or that the victim of the battery
was pregnant and the offender knew or should have known she was
pregnant. See § 784.045(1), Fla....
...(the opposite
of no) evidence presented during the state’s case, viewed in a manner to
affirm the trial court’s decision, that Smith intended to cause the victim
great bodily harm, permanent disability, or permanent disfigurement as
required by section 784.045(1)(a)1, Florida Statutes (2012), when he
applied this chokehold3 to the victim?
A “sleeper hold” is a finishing move in professional wrestling....
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 12413, 1999 WL 743593
...Although the trial court orally pronounced a 15-year sentence for the aggravated battery, a legal sentence, when the written judgment and sentence was entered, appellant was given an illegal sentence of 15 years in prison followed by 15 years probation for this offense. Aggravated battery is a second degree felony. § 784.045(2), Fla....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2287, 1987 Fla. App. LEXIS 10291
...jury could base a conviction for grand theft and burglary. We also find that the state produced sufficient evidence to indicate that the victim suffered the “great bodily harm” necessary to sustain a conviction for aggravated battery pursuant to section 784.045(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 14245, 2014 WL 4494310
...Wolfork, Jr., appeals the denial of his motion for postconviction
relief. See Fla. R. Crim. P. 3.850. We affirm without comment but remand for
correction of a scrivener's error in the judgment. The judgment lists a conviction for
aggravated battery (firearm). See § 784.045(1)(a)(2), Fla. Stat. (2003). However, the
plea and judgment were for aggravated battery (great bodily harm). See
§ 784.045(1)(a)(1)....
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 12114, 1999 WL 729076
...Aggravated assault with a firearm while wearing a mask; a third degree felony. §
784.021(2), Fla.Stat. (1997). Reclassified as a second degree felony because of the use of a firearm. 2. Aggravated battery with a firearm while wearing a mask, a second degree felony; §
784.045(l)(a)(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 21314
Statutes (1981)]; and (3) aggravated battery [Section
784.045(l)(a), Florida Statutes (1981)]. He now appeals
CopyPublished | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 15758
...se elements at trial.”) (citing State v. Von Deck,
607 So.2d 1388 (Fla.1992)). However, attempted aggravated battery is committed when a person commits an attempted battery and either intends to cause great bodily harm or uses a deadly weapon. See §
784.045, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 13708, 2000 WL 1567853
...inst double jeopardy. Section
810.02(2)(b), Florida Statutes (1997), pertaining to armed burglary, requires proof of (1) unauthorized entry into a structure, (2) specific intent to commit an offense therein, and (3) possession of a dangerous weapon. Section
784.045(l)(a), Florida Statutes (1997), involving aggravated battery, requires proof of (1) an intentional touching or striking of another person against his or her will, and (2) use of a deadly weapon....
CopyPublished | District Court, S.D. Florida | 1981 U.S. Dist. LEXIS 17074
...Petitioner’s second claim presents a substantially more difficult question. He claims that because the elements of the crime of possession of a firearm while committing a felony are part of the same elements necessary to establish aggravated battery, that he should not have been sentenced for both. Fla.Stat. § 784.045 defines aggravated battery as follows: (1) A person commits aggravated battery who, in committing battery: (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) Uses a deadly weapon....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 5076106, 2012 Fla. App. LEXIS 18274
...The information charged that the battery was aggravated both because the battery caused great bodily harm, permanent disability, or permanent disfigurement and because Mr. Lee used a deadly weapon, which the information described as “shoes or boots.” See § 784.045, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 16374
...ly harm, permanent disability, or permanent disfigurement. §
784.041(1). Finally, aggravated battery occurs when a person, in committing battery, intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement. §
784.045(l)(a)(l)....
...he State has to prove, A, that a battery occurred, and B, that there was either great bodily harm, permanent disability, or permanent disfigurement. This is a recitation of the elements of felony battery, not aggravated battery. See §§
784.041(1),
784.045(l)(a)(l)....
...The emphasized words reflect only the general-intent element of battery. See §
784.03(l)(a)(l). However, the prosecutor failed to argue whether T.S. intentionally or knowingly caused the level of injury incurred, the specific-intent element of aggravated battery. See §
784.045(l)(a)(l)....
...CASANUEVA and LaROSE, JJ., Concur. . T.S.. preserved this issue with an appropriate motion for judgment of dismissal after the State had rested. . Two additional forms of aggravated battery are not relevant to this discussion: committing battery with a deadly weapon, § 784.045(l)(a)(2), and knowingly committing battery on a pregnant victim, § 784.045(l)(b)....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 14041
...pted aggravated battery. In regard to the second issue, we find that the evidence of the attack on the victim, viewed in the light most favorable to the state, supports a finding that great bodily harm was intended and attempted to be inflicted. See § 784.045(l)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal
...emphasis
added) (quoting §
776.085(1), Fla. Stat. (2000))).
Here, although evidence was presented at trial which would support a
theory that the Decedent committed a felony during the parking lot brawl
by knowingly hitting a pregnant woman, see §
784.045(1)(b), (2), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2012 Fla. App. LEXIS 20582, 2012 WL 5969663
...ing and sentencing Grau to the first-degree felony offense of aggravated battery with a weapon. We conclude that the aggravated battery conviction must be reversed. The Amended Information clearly charged Grau with aggravated battery in violation of section 784.045(l)(a)l., Florida Statutes. *923 However, the lower court erroneously instructed the jury on the uncharged alternative theory of aggravated battery under section 784.045(l)(a)2., Florida Statutes, and the jury verdict shows that the jury found Grau guilty of that uncharged offense....
CopyPublished | Florida 2nd District Court of Appeal
...Tallahassee, and Katie Salemi-Ashby,
Assistant Attorney General, Tampa, for
Respondent.
LaROSE, Judge.
The State charged Max Garcia with one count of aggravated battery
causing great bodily harm, permanent disability, or permanent disfigurement.
§ 784.045(1)(a)(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 19493, 2014 WL 6721071
...med denied.”). As to the merits of Appellant’s motion, we agree with appellate counsel that the written judgment erroneously cites Appellant’s aggravated battery conviction as a violation of section
787.01(l)(a)3., Florida Statutes, instead of section
784.045(l)(a)....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 18671, 2011 WL 5864745
...State,
25 So.3d 623, 625 (Fla. 3d DCA 2009). A person commits an aggravated battery if, in committing the battery (an unlawful touching), he intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement, or he uses a deadly weapon. §
784.045, Fla....
CopyPublished | Florida 1st District Court of Appeal | 1977 Fla. App. LEXIS 16777
sustain the conviction of aggravated battery. Section 784.-045, Florida Statutes (1975). The only other offense
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 14694, 1998 WL 796483
...e aggravated assault. Aggravated assault can be committed if the perpetrators intended to commit a felony. See §
784.021(1), Fla. Stat. (1997). Moreover, the felony of aggravated battery can be committed by intending to cause great bodily harm. See §
784.045(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 14887
...unity control. He claims the evidence presented at trial was insufficient to establish a prima facie case of guilt against him for the offense of aggravated battery. We agree and reduce the finding of guilt from aggravated battery to simple battery. Section 784.045, Florida Statutes (1999), provides: (l)(a) A person commits aggravated battery who, in committing battery: 1....
CopyPublished | Court of Appeals for the Eleventh Circuit
... USCA11 Case: 17-14373 Date Filed: 11/13/2020 Page: 2 of 19
Anton Eric Tuomi, a Florida prisoner, is serving a 15-year minimum-
mandatory term of imprisonment after a jury convicted him of aggravated battery,
in violation of Florida Statute § 784.045(1)(a)(1)....
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 5990054, 2013 Fla. App. LEXIS 18025
...against her will or he intentionally caused bodily harm to the victim, and while committing the battery, used a deadly weapon. A weapon is a deadly weapon if it is used or threatened to be used in a way likely to produce death or great bodily harm. § 784.045, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1978 Fla. App. LEXIS 15493
battery to sustain the burden of proof under Florida Statute
784.045(l)(b). If the State must show these elements
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 5, 2025
...of Jamaica.
Hamilton was admitted to the United States as a lawful permanent
resident on July 11, 2009. In November 2014, Hamilton was con-
victed of aggravated battery with a deadly weapon, in violation of
Fla. Stat. § 784.045(1)(A)(2), and was sentenced to two days of im-
prisonment and two years of probation.
On February 12, 2015, the Department of Homeland Secu-
rity (“DHS”) served Hamilton with a notice to appear (“NTA...
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 6016, 1998 WL 271327
...Accordingly, we grant Brown’s petition for a belated appeal, and forward a copy of this order to the trial court to serve as the notice of appeal. Fla. R.App. P. 9.140(j)(5)(D). Petition for Writ of Habeas Corpus GRANTED. GOSHORN and PETERSON, JJ„ concur. . § 784.045, Fla....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5791, 1992 WL 112119
...We find merit in only one of appellant’s contentions. The court erred in imposing a fifteen year minimum mandatory on both of the counts of aggravated battery. Under the applicable statutes, the highest minimum mandatory for these offenses of aggravated battery is ten years. Section 784.045(l)(a)(2), Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 2302323, 2017 Fla. App. LEXIS 7667
...Jarrell Lathan (the defendant) appeals his judgment and sentence for aggravated
battery,1 entered by the trial court after a jury found him guilty of committing numerous
offenses. He argues that the trial court’s reclassification of his aggravated battery
1 See § 784.045(1)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 7349, 2004 WL 1172998
PER CURIAM. Appellant was convicted of aggravated battery pursuant to section 784.045, Florida Statutes (1998), a second degree felony, which has a maximum punishment of fifteen years imprisonment....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6826
...None of this comes as any surprise to McCoy. In the absence of any showing that the amendment prejudiced McCoy there is no reversible error. Branch v. State, 1927,
94 Fla. 286,
115 So. 143. McCoy’s second argument is that there is insufficient proof of aggravated battery under Fla.Stat. §
784.045 (1971), F.S.A....
CopyPublished | Florida 4th District Court of Appeal
...of a felony
battery that resulted in serious bodily injury to a child, the father pled nolo
contendere to aggravated battery, the elements of which include causing
great bodily harm or using a deadly weapon or knowingly battering a
pregnant person. § 784.045, Fla....
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 6458, 2011 WL 1634235
...and all reasonable inferences from the evidence in a light most favorable to the state.” Id. Here, the question is whether, under the circumstances, the plastic fork used by Appellant was a deadly weapon, supporting a charge of aggravated battery. Section 784.045(l)(a), Florida Statutes, provides, “A person commits aggravated battery who, in committing battery ......
CopyPublished | Florida 3rd District Court of Appeal | 1992 Fla. App. LEXIS 5383, 1992 WL 104642
...The problem from a departure standpoint is that aggravated battery by definition occurs where the defendant “in committing battery ... [ijntentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement....” Section 784.045(l)(a), Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 7012, 2006 WL 1331508
...Santana was charged in Count One of attempted first degree murder by discharging a firearm, and in Count Two of unlawfully shooting into an occupied vehicle. As to Count One, the verdict form shows that the jury found Santana guilty of “aggravated battery, as a lesser included offense, with a firearm.” § 784.045(l)(a)2., Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 662, 1989 Fla. App. LEXIS 1238, 1989 WL 20107
...icle and avoid oncoming traffic, the driver of the pickup truck swerved and slammed on his brakes. Bobby was thrown from the pickup and regained consciousness seventeen days later in a hospital. The state charged Bobby Jones with aggravated battery, § 784.045, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 1984 Fla. App. LEXIS 12229
commission of an aggravated battery in violation of section 784.-045(l)(b), Florida Statutes, (1981), was found
CopyPublished | Florida 4th District Court of Appeal
...Appellant
contends that because the jury found that she used a firearm, she should
have been convicted and sentenced for aggravated battery with a deadly
weapon, which could not be enhanced. Appellant is incorrect. When the
State charges a defendant with aggravated battery causing great bodily
harm based on section 784.045(1)(a)1., Florida Statutes (2017), and not
section 784.045(1)(a)2., a deadly weapon is not an essential element of the
crime, and the crime can be reclassified upward....
CopyPublished | Florida 3rd District Court of Appeal | 2013 WL 811642, 2013 Fla. App. LEXIS 3494
...nd elements of the offense to permit him to defend the charge. This is made plain by a review of the three relevant counts: Count One of the charging document alleged Pickett committed aggravated battery upon a pregnant victim and specifically cited section 784.045(l)(b), Florida Statutes (2009). In the caption on the first page of the information, Count One was titled “AGGRAVATED BATTERY-PREGNANT VICTIM 784.045(l)(b) Fel.2D.” Count Four of the charging document alleged Pickett committed false imprisonment, and further alleged that “during the commission of the offense, said defendant possessed a firearm or destructive device and/or during the co...
CopyPublished | Florida 3rd District Court of Appeal
...At the charge conference, the State sought jury instructions on the
lesser-included offenses of attempted manslaughter and aggravated battery.
The trial court agreed and instructed the jury on attempted manslaughter and
aggravated battery with a deadly weapon, as proscribed by section
784.045(1)(a)(2), Florida Statutes. The court gave no instruction on
aggravated battery by reason of causing great bodily harm to the victim,
pursuant to section 784.045(1)(a)(1), Florida Statutes.
Verela was found guilty of aggravated battery with a deadly weapon
and sentenced to twenty-one (21) months’ imprisonment followed by six (6)
months’ probation....
...A person commits aggravated battery who, in
committing battery:
1. Intentionally or knowingly causes great bodily
harm, permanent disability, or permanent
disfigurement; or
2. Uses a deadly weapon.
§ 784.045(1)(a), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...limited
access facility to any other street or highway); §
316.072(3) (failure to obey commands of police
officials); §
843.02 (resisting an officer without violence to his person); §
843.01 (resisting an
officer with violence to his person); and §
784.045(1)(a)(1) (aggravated battery).
12
In addition to the video, Plaintiff relies on a few other materials in the record to create
an issue of fact as to whether Prosper punched Martin....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 2686, 2010 WL 743952
...). It does not apply to allow the victim to state in court what the doctor explained to the victim about the reason or the necessity for treatment. In this case, Mr. Harris was charged with aggravated battery based on his use of a deadly weapon. See § 784.045(1)(a)(2), Fla....
...Although the jury may well have had enough evidence to conclude that the injury to the victim's chest was a great bodily harm or a permanent disfigurement, the extent of his injuries was not an issue material to the verdict because the State did not charge Mr. Harris with this form of aggravated battery. See § 784.045(1)(a)(1)....
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 2630, 2003 WL 729770
...o the victim’s head where he had been hit with the broomstick. In a companion case involving a co-respondent who participated in the attack upon the victim, this court held that the broomstick used in this attack qualified as a deadly weapon under section 784.045(l)(a)2, Florida Statutes (2002)....
CopyPublished | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 704, 1987 Fla. App. LEXIS 12016
convicted of aggravated battery in violation of section
784.045(1)(b), Florida Statutes (1985), and sentenced
CopyPublished | Court of Appeals for the Eleventh Circuit
...urt a second
time to review the final order of removal of the Board of Immigration Appeals. We
granted in part Lukaj’s first petition, which challenged the classification of his
prior conviction for aggravated battery with a firearm, Fla. Stat. § 784.045(1)(a), as
an aggravated felony, 8 U.S.C....
...The notice to appear stated that Lukaj had been convicted in
Florida courts in 2009 for conspiring to traffic and for trafficking in
methylenedioxymethamphetamine, Fla. Stat. §
893.135(1)(k)(2)(c), (5) and in 2010
for aggravated battery with a firearm, id. §§
784.045(1)(a).
Records submitted by the Department established that Lukaj pleaded guilty
to aggravated battery....
.... LUKAJ did carry, display, use, threaten to use, or attempt to use a firearm and
did actually possess and discharge a firearm.” (R. 1276) Lukaj agreed to plead
guilty to aggravated battery while actually possessing a firearm under sections
“
784.045(1)(a) and
775.087(2)(a)1” of the Florida Statutes as a “lesser-included
offense of Count I, ....
...Lukaj]
7
Case: 19-13073 Date Filed: 03/30/2020 Page: 8 of 14
[was] removable from the United States” and “conclud[ed] that [his prior
conviction for] aggravated battery under section
784.045(1) of the Florida Statutes
(even considered without the section
775.087(2) firearm enhancement) qualifie[d]
categorically as a crime of violence under 18 U.S.C. § 16(a).” That conclusion, the
Board stated, was dictated by our holdings in Vereen,
920 F.3d at 1313, and
Turner,
709 F.3d at 1341, that section
784.045(1) “qualifies as a violent felony
under the elements clause” of the Armed Career Criminal Act and the “virtually
identical” language of the elements clause in the Act, 18 U.S.C....
...Att’y Gen.,
886 F.3d 1016,
1022 (11th Cir. 2018), cert. denied sub nom. Choizilme v. Whitaker,
139 S. Ct. 863
(2019).
III. DISCUSSION
Lukaj makes two arguments in his second petition. First, Lukaj argues that
section
784.045(1) of the Florida Statutes is indivisible and lacks the requirement
of physical force necessary to satisfy the elements clause in the definition of a
crime of violence, 18 U.S.C....
...plea agreement
and colloquy) to determine what crime, with what elements, [the alien] was
convicted of.” Mathis v. United States,
136 S. Ct. 2243, 2249 (2016).
The Board classified Lukaj’s conviction for aggravated battery, Fla. Stat.
§
784.045(1)(a), as an aggravated felony....
...The statute, in relevant part,
defined aggravated battery as follows:
A person commits aggravated battery who, in committing battery:
1. Intentionally or knowingly causes great bodily harm,
permanent disability, or permanent disfigurement; or
2. Uses a deadly weapon.
Fla. Stat. § 784.045(1)(a).
Lukaj’s argument that section 784.045(1)(a) is indivisible is foreclosed by
Turner and Vereen. In those decisions, we concluded that section 784.045(1)(a)
created two distinct crimes and then applied the modified categorical approach to
classify the defendants’ convictions as crimes of violence....
... Case: 19-13073 Date Filed: 03/30/2020 Page: 12 of 14
Lukaj’s argument that aggravated battery does not involve physical force is
foreclosed by Turner and Vereen too. In Turner, we held that both means of
committing aggravated battery under section
784.045(1)(a) “ha[ve] as an element
the use, attempted use, or threatened use of physical force, indeed, violent force—
that is, force capable of causing physical pain or injury to another person.” Turner,
709 F.3d at 1341 (citation and internal quotation marks omitted). Later, in Vereen,
we highlighted that Turner “held that a Florida aggravated battery conviction
qualifies as a violent felony under the elements clause under either of the first two
alternatives in §
784.045.”
920 F.3d at 1313.
The records of Lukaj’s prior conviction for aggravated battery confirm that
his offense is a crime of violence under section 16(a). Lukaj’s plea agreement and
judgment of conviction state that he pleaded guilty to aggravated battery under
section
784.045(1)(a) as a lesser-included offense of attempted murder....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 2403
address appellant’s transferred intent argument. Section
784.045(l)(b),Florida Statutes (1997), the statute
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19379
CHARGE: AGGRAVATED BATTERY, in Violation of F.S.
784.045(l)(b) SPECIFICATIONS OF CHARGE: In that WILLIAM
CopyPublished | Florida 3rd District Court of Appeal | 2000 Fla. App. LEXIS 3726, 2000 WL 313494
PER CURIAM. We affirm the defendant’s sentence in all respects. However, the judgment incorrectly reflects that the defendant entered a plea of battery, as a lesser included offense of aggravated battery, in violation of Section 784.045, Florida Statutes (1999)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19567
...rench — victim was struck about the body causing great bodily damage.” The FPPC adopted the panel’s recommendation. Lambeth timely requested review of this determination, but the FPPC found no good cause to modify his PPRD. This appeal ensued. Section 784.045(1), Florida Statutes, defines aggravated battery as a battery where one “.....
...urges that the FPPC erred in aggravating his sentence for the use of a weapon in committing the offense because that factor is included in the definition of aggravated battery. At first glance, his argument would appear to have some merit. However, Section 784.045(1) defines aggravated battery as either causing great bodily harm in committing the battery or using a deadly weapon in committing the battery....
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 3784, 2002 WL 448659
...Appellant defended her actions on the grounds that she feared for her son’s life and that she was only trying to stop the fight. Following a jury trial, Appellant was found guilty of the lesser included offense of aggravated battery with a deadly weapon, a violation of section 784.045(l)(a)2., Florida Statutes (1999), on Count I, and aggravated battery causing great bodily harm, a violation of section 784.045(l)(a)l., Florida Statutes (1999), as charged, on Count II....
...subsumed in the other, or both offenses are identical). In the instant proceeding, Appellant was convicted for the identical offense, aggravated battery, on two separate Counts arising from the same criminal episode. Aggravated battery is defined in section 784.045, Florida Statutes (1999), and reads as follows, in pertinent part: 784.045 Aggravated battery.— (l)(a) A person commits aggravated battery who, in committing battery: 1....
CopyPublished | District Court, S.D. Florida | 1995 U.S. Dist. LEXIS 4973, 1995 WL 227685
...The victim testified that he did not permit Gadson to enter his automobile and drive off with his car, and he had been placed in fear by Gadson pointing the gun at him. (T/340-44). Based on these facts, Gadson was convicted of aggravated battery with a firearm, in violation of FlaStat. § 784.045(l)(a)2, burglary of an occupied conveyance, in violation of FlaStat....
...other does not. The Florida statutes that define Gadson’s offenses clearly pass constitutional muster under the Blockburger analysis, as codified at Fla.Stat. §
775.021(4)(a). Gadson first was convicted of aggravated battery pursuant to Fla.Stat. §
784.045(l)(a), which states that “[a] person commits aggravated battery who, in committing battery ......
CopyPublished | Florida 5th District Court of Appeal
...Because the trial court erred in not correcting
his sentence, we reverse.
I.
Relevant to this appeal, based on a 2013 charge, a jury in
September of 2015 found Perez guilty of aggravated battery with
a firearm in violation of section 784.045(1)(a)2., Florida Statutes
(2013), a second-degree felony punishable by up to fifteen years in
prison....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 2717, 1992 WL 51104
...This decision, however, will not prevent the State from prosecuting Moody for aggravated assault based on a properly drafted information. See Salas v. State,
591 So.2d 257 (Fla. 4th DCA 1991). REVERSED and REMANDED. PETERSON, J., concurs. DAUKSCH, J., concurs in conclusion only. . §
784.021, Fla.Stat. (1989). . §
784.045(1), Fla.Stat....
CopyPublished | District Court of Appeal of Florida
Aggravated battery, however, is controlled by section
784.045, Florida Statutes, not section
784.021. The
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 1041015, 2017 Fla. App. LEXIS 3579
...Koller,
Assistant Attorney General, Daytona
Beach, for Appellee.
PALMER, J.
Alex Munoz (the defendant) appeals his judgment and sentences, entered by the trial
court after a jury found him guilty of aggravated battery with a deadly weapon1 and simple
1 See § 784.045(1)(a), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1999 Fla. App. LEXIS 2473, 1999 WL 122890
...ence in case number 96-1608. In count three of case number 96-1608, the information alleged that McCormack “actually and intentionally did touch or strike another person ... and in so doing did use a deadly weapon, to-wit, a knife, in violation of section
784.045, Florida Statutes.” The trial court enhanced McCormack’s sentence for the aggravated battery, a second-degree felony, to a life sentence for the use of a deadly weapon under section
775.087(1), Florida Statutes (1995). This was error. It is improper to reclassify an aggravated battery charged under section
784.045(1)(a)2, Florida Statutes (1995), to a life felony when the use of a deadly weapon is an essential element of the offense....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 643, 1989 Fla. App. LEXIS 1263, 1989 WL 19555
...After being pulled away and restrained, he managed to break free and dove on McLeod again, in a second, less severe attack in which he tried to gouge out McLeod’s eyes. The first attack, aggravated battery, a felony of the second degree, is punishable pursuant to Section 784.045(l)(a), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6608
...at the officers who were able to avoid being struck by the defendant’s vehicle by leaping out of the way thereof. The crime of aggravated battery, of which the defendant was found guilty, as a lesser included offense of that charged, is defined in § 784.045 Fla.Stat., F.S.A., as follows: “Any person who commits a battery upon another person and intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement is guilty of aggravated battery and shall, upo...
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 7709, 2002 WL 1174054
SCHWARTZ, Chief Judge. We reject the defendant’s contention that the evidence does not support his conviction for aggravated battery. 1 §
784.045(1)(a), Fla. Stat. (2000). 2 Although we agree that his throwing at and *958 striking a police officer with a traffic barricade during a foot chase did not involve the use of the barricade as a “deadly weapon” so as to constitute a violation of section
784.045(1)(a) 2, see Williams v. State,
651 So.2d 1242 (Fla. 2d DCA 1995); Aiken v. State,
425 So.2d 641 (Fla. 3d DCA 1983), the judgment is affirmed under section
784.045(1)(a)1 because the record establishes that that act, which was admittedly a simple battery, “cause[dj” the officer “great bodily harm,” the tearing of a rota-tor cuff in his shoulder requiring extensive treatment and surgery, see Coronado v....
...2d DCA 1974), which the jury could properly find occurred when he fell over the barricade. See Heck v. State,
774 So.2d 844 (Fla. 4th DCA 2000); Cunningham v. State,
650 So.2d 703 (Fla. 5th DCA 1995). 3 Affirmed. . Perez was also found guilty of resisting arrest with violence. There is no claim of error in that conviction. .
784.045....
...We emphasize, however, that even an acceptance of the defendant's position would not justify a reversal. This is because, as Perez concedes, the second incident also involved a simple battery by Perez upon the officer. Thus, at best, and without dispute, his "great bodily harm,” see § 784.045(1)(a)1, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 8247, 2003 WL 21274419
...State,
831 So.2d 716, 720 (Fla. 5th DCA 2002). We find that the trial court did not abuse its discretion, and thus, we affirm. Initially, Crawley was charged with two counts of aggravated battery with a deadly weapon, a motor vehicle, in violation of section
784.045, Florida Statutes (1999), and one count ■ of....
CopyPublished | Florida 2nd District Court of Appeal | 2000 WL 868246
...intent crime, [1] see Linehan v. State,
476 So.2d 1262, 1264 (Fla.1985), and it was error not to instruct on voluntary intoxication where the record contained some evidence of intoxication, see Kinsey v. State,
567 So.2d 980, 980 (Fla. 2d DCA 1990). Section
784.045(1)(b), Florida Statutes (1997), provides that the crime of aggravated battery is committed where the "person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the...
...State,
618 So.2d 301 (Fla. 1st DCA 1993). Relying on Mordica, the First District also concluded that battery on a pregnant woman is a specific intent crime. See V.M. v. State,
729 So.2d 428, 429 (Fla. 1st DCA 1999). We, too, reach that conclusion. To be convicted under section
784.045(1)(b), a defendant must possess a heightened knowledge about the victim's condition, a knowledge beyond that required for the general intent crime of misdemeanor battery....
CopyPublished | Florida 1st District Court of Appeal
...Like here, the jury verdict in Carswell was factually
inconsistent because there was no way the victim could have been
shot if Carswell did not use a firearm. But that did not make the
verdict truly inconsistent since the necessary elements to prove
aggravated battery do not require use of a firearm. Id. at 12
(citing § 784.045, Fla....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4569, 1990 WL 86937
...27.03(3), Fla.Stat. (1987); Gerald Snyder was found guilty of violating sections
827.03(l)(c) and 827.-03(l)(d), Fla.Stat. (1987). . The appellants do not argue that the trial court erred in putting them on trial together rather than individually. . §
784.045, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 1984 Fla. App. LEXIS 13755
PER CURIAM. The defendant was charged by information and convicted with the offenses *587 of armed robbery, contrary to Florida Statute, Section
812.13(1) and (2)(a); aggravated battery, contrary to Florida Statute, Section
784.045; and grand theft, contrary to Florida Statute, Sections
812.014(l)(a),
812.014(l)(b), and
812.014(2)(b)....
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 10363, 2006 WL 1708311
...ony pursuant to section
775.087(l)(a). If it does, Robbins must be sentenced to life imprisonment pursuant to section
775.082(9)(a)3.a., just as the State contends. The crime of aggravated battery, which is classified as a second-degree felony under section
784.045(2), is committed when the defendant: 1) causes great bodily harm, permanent disability, or disfigurement; or 2) uses a deadly weapon. §
784.045(l)(a), Fla....
...In this situation, the weapon is “incidental to the offense.”
573 So.2d at 814 . The court explained as follows: The facts of this case require us to examine the interplay of the reclassification statute, section
775.087(1), with the *25 aggravated battery statute, section
784.045.... As we read the two provisions at issue, section
784.045(l)(a) effectively reclassifies as a second-degree felony the crime of simple battery, section
784.03 of the Florida Statutes (1985), when the defendant, without the use of a deadly weapon, knowingly or intentionally causes great bodily harm, permanent disability, or permanent disfigurement. Section
784.045(l)(b) effectively reclassifies as a second-degree felony the crime of simple battery when a deadly weapon is used, by supplementing the statutory definition of aggravated battery to include the use of a deadly weapon. Simple battery, a first-degree misdemeanor, is not subject to reclassification pursuant to section
775.087(1), which applies only to felonies. Aggravated battery with the use of a deadly weapon, section
784.045(l)(b), is not subject to reclassification pursuant to section
775.087(1) because the use of a weapon is an essential element of the crime. However, section
775.087(1) permits reclassification and the consequential enhancement of penalties for the crime of aggravated battery causing great bodily harm, section
784.045(l)(a), when a weapon is used to commit the crime....
...erious injury becomes greater. For example, a simple battery without the use of a deadly weapon is a first-degree misdemeanor (section
784.03); a simple battery involving the use of a deadly weapon is a second-degree felony (statutorily redefined by section
784.045(l)(b) as aggravated battery); aggravated battery causing great bodily harm is a second-degree felony (section
784.045(l)(a)); and aggravated battery causing great bodily harm and involving the use of a deadly weapon is a first-degree felony (section
784.045(l)(a), enhanced by section
775.087(1) by virtue of the use of a weapon or firearm)....
CopyPublished | Florida 1st District Court of Appeal
...However, there was no
evidence here of a punishment that was not also a battery.
“[A]ggravated battery” occurs when a person commits a battery
and in doing so “[i]ntentionally or knowingly causes great bodily
harm, permanent disability, or permanent disfigurement,” or
uses a deadly weapon. § 784.045(1), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1994 Fla. App. LEXIS 10716, 1994 WL 261480
...On the verdict form, the jury bypassed “Guilty of Aggravated Battery With A Deadly Weapon, a lesser included crime,” and cheeked the next box, which was “Guilty of Aggravated Battery With a Firearm.” We find that the conviction is thus based on section 784.045(l)(b), which contemplates use of a firearm as a necessary element of the offense of which appellant was convicted....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20139
convicted of aggravated battery in violation of section
784.045, Florida Statutes (1979). The trial court sentenced
CopyPublished | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1649, 1987 Fla. App. LEXIS 9206
COWART, Judge. Kelvin Eugene Jelks, the defendant, appeals his convictions of battery and battery on a law enforcement officer. Defendant was charged with aggravated battery, section
784.045(l)(a), (b), Florida Statutes (1985), and battery on a law enforcement officer, section
784.07(2)(b), Florida Statutes (1985), as a result of his striking a law enforcement officer one time between the eyes with a tree limb saw....
CopyPublished | Florida 5th District Court of Appeal | 1994 Fla. App. LEXIS 6631, 1994 WL 325327
...sentences). It was error to sentence Frederick to serve two consecutive minimum mandatory sentences. Convictions AFFIRMED; Sentences REVERSED and REMANDED for resentenc-ing. PETERSON and DIAMANTIS, JJ., concur. . §
812.13(2)(a), Fla.Stat. (1991). . §
784.045(l)(a)2, Fla.Stat....
CopyPublished | Supreme Court of Florida | 2016 WL 3654189
...age or
organic brain damage, or other physical, mental, or emotional dysfunctioning,
to the extent that the ability of the person to provide adequately for the
person’s own care or protection is impaired.
Give if element 1a is charged.
§ 784.045, Fla....
...Lesser Included Offenses
AGGRAVATED ABUSE OF [AN ELDERLY PERSON]
[A DISABLED ADULT] —
825.102(2)
CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO.
Aggravated Battery if
784.045 8.4
Fla....
CopyPublished | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 6642, 1994 WL 321578
...of section
775.087(1), have involved convictions for aggravated assault charged under the provision for use of a deadly weapon, section
784.021(l)(a), Florida Statutes, aggravated battery charged under the provi *682 sion for use of a deadly weapon, section
784.045(l)(a)2, Florida Statutes, or felony murder in which the underlying offense had the use of a weapon or firearm as an essential element....
CopyPublished | Florida 2nd District Court of Appeal | 1991 Fla. App. LEXIS 7995, 16 Fla. L. Weekly Fed. D 2026
...B, Acting Chief Judge. The defendant, Lawrence E. Burkey, raises one meritorious point. He contends the trial court failed to conform its written order to its oral pronouncement. The defendant was convicted of two aggravated batteries, violations of section 784.045, Florida Statutes (1989)....
CopyPublished | Florida 1st District Court of Appeal
...but we remand for correction of the statute citation in the written judgment that
reflects the appellant was convicted under section
784.03(2), Florida Statutes
1
Anders v. California,
386 U.S. 738 (1967).
(2013). Instead, she was convicted under section
784.045(1)(b), Florida Statutes
(2013), aggravated battery on a pregnant victim, a second-degree felony.
AFFIRMED, but REMANDED to correct the statute citation in the
judgment.
WOLF, ROBERTS, and ROWE, JJ., CONCUR....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 22674
...once had pushed a woman from a roof for lying to him. The state contends the statement was admissible to show the intent of Woods to inflict harm on the victim. The state’s argument fails because of the nature of the charge against the defendant. Section 784.045, Florida Statutes (1981), provides: Aggravated battery.— (1) A person commits aggravated battery who, in committing battery: (a) Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or (b) Uses a deadly weapon....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 10059
...cond-degree felony, happens when a person “[cjommits aggravated battery on a child.” A battery is “aggravated” when the perpetrator “[intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement.” § 784.045(l)(a)l, Fla....
CopyPublished | Florida 5th District Court of Appeal | 1996 WL 417533
...Further, after comparing the photographs to which Manley objected with the photographs to which he did not object, we find any error was harmless. State v. DiGuilio,
491 So.2d 1129 (Fla.1986). AFFIRMED. W. SHARP, GRIFFIN and THOMPSON, JJ., concur. NOTES [1] §
782.04(2), Fla. Stat. (1993). [2] §
784.045(1)(a)1., Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2001 WL 829933
...West also asserts that his counsel was ineffective based on events that occurred as a result of the trial court's dismissal of one portion of the aggravated battery charge. According to West, he was charged with committing aggravated battery under section 784.045, Florida Statutes (1997), by either intentionally or knowingly causing great bodily harm, permanent disability, or permanent disfigurement *529 under subsection (1)(a)(1), or by using a deadly weapon under subsection (1)(a)(2)....
...ressed in an evidentiary hearing. See Platt v. State,
697 So.2d 989 (Fla. 4th DCA 1997). [3] Although West's aggravated battery conviction may have been sufficiently established by evidence adduced at trial regarding the use of a deadly weapon under section
784.045(1)(a)(2), Florida Statutes (1997), we have not been provided enough information to so determine....
CopyPublished | Florida 4th District Court of Appeal
...Florida
law defines a “forcible felony” to include aggravated battery. §
776.08, Fla.
Stat. (2023).
Aggravated battery occurs when a person “[i]ntentionally or knowingly
causes great bodily harm, permanent disability, or permanent
disfigurement[.]” §
784.045(1)(a)1., Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 11407, 2011 WL 2936744
...Similarly, to prove that an aggravated battery occurred, the State had to show that in committing a battery against his father, Mr. Cerny intentionally or knowingly caused his father great bodily harm, permanent disability, or permanent disfigurement. See § 784.045(1)(a)(1). Alternatively, the State had to show that in committing a battery against his father, Mr. Cerny used a deadly weapon. See § 784.045(1)(a)(2)....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 3566575, 2014 Fla. App. LEXIS 11236
...The appellant’s conviction and sentence are affirmed in this Anders 1 appeal, but we remand for correction of the statute citation in the written judgment that reflects the appellant was convicted under section
784.03(2), Florida Statutes (2013). Instead, she was convicted under section
784.045(l)(b), Florida Statutes (2013), aggravated battery on a pregnant victim, a second-degree felony....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1762, 1987 Fla. App. LEXIS 9478
with a deadly weapon, a knife, a violation of Section
784.045(l)(b), Florida Statutes (1983). Aggravated
CopyPublished | Florida 1st District Court of Appeal | 1996 WL 364766
...t imposed. *54 Kirby v. State,
658 So.2d 1232 (Fla. 1st DCA 1995); Peterson v. State,
645 So.2d 1028 (Fla. 4th DCA 1994). Secondly, the written judgment incorrectly lists aggravated battery as a first-degree felony when it is a second-degree felony. §
784.045(2), Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal
...3d 684, 688 (Fla. 2014), we affirm the postconviction court's
order. However, we remand to correct the scrivener's error in the written sentence for
count two.
The jury found Mr. Crowley guilty of two counts of aggravated battery.
See § 784.045, Fla....
CopyPublished | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 72225, 2010 WL 2836616
...such requirement. The lack of specific intent as to the injury distinguishes Felony Battery from aggravated battery, which requires intentional and knowing infliction of great bodily harm, permanent disability, or permanent disfigurement. Fla. Stat. § 784.045(1)(a)(1); Wolfork v....
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1706, 1987 Fla. App. LEXIS 9279
...Use of a weapon is an inherent element of the charged offense of armed robbery, §
812.13(2)(a), (b), Florida Statutes (1983); use of a deadly weapon, or intentionally causing “great bodily harm, permanent disability, or permanent disfigurement” are inherent components of the offense of aggravated battery, §
784.045, Florida Statutes (1983); and the tying-up of the victim is an inherent element of the charged offense of kidnapping, i.e., “forcibly, secretly, or by threat confining, abducting, or imprisoning another person against his will • ••[»]” §
787.01, Florida Statutes (1983)....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 70, 2004 WL 40524
PALMER, J. Kevin Skriver appeals his judgment and sentence which were entered by the trial court after a jury found Skriver guilty of committing the crime of aggravated battery upon a pregnant person in violation of section 784.045(l)(b) of the Florida Statutes (2001)....
CopyPublished | Florida 5th District Court of Appeal | 1993 Fla. App. LEXIS 17, 1993 WL 2647
...Any doubt on this issue was dispelled in Burdick v. State,
594 So.2d 267, 271 (Fla.1992). Accordingly we vacate the sentence in Count II and remand for reconsideration in light of Burdick . JUDGMENT AFFIRMED; SENTENCE VACATED, in part, and REMANDED. GOSHORN, C.J., and W. SHARP, J., concur. . §
784.045, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 569, 2010 WL 323026
...3.800(a). We affirm. Our affirmance is without prejudice to Brown to seek habeas relief in the circuit court of the county in which he is currently incarcerated. A jury found Brown guilty of committing an aggravated battery, a second-degree felony. § 784.045, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1990 Fla. App. LEXIS 448, 1990 WL 5234
...assification statute was error. Such is not the case here. We find that the information filed against Trejo properly charges a life felony, with no applicable limitations period. 2 Reversed. CAMPBELL, C.J., and RYDER and DANAHY, JJ., concur. . Under section 784.045, Florida Statutes (1987), a person commits aggravated battery either by using a deadly weapon or by inflicting great bodily harm, permanent disability, or permanent disfigurement....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 426, 2002 WL 80881
...(Alvarez shot an undercover officer in the knee as the officer identified himself and attempted to arrest him). The record also reflects that as part of the plea agreement, the State indeed reduced this first-degree felony charge to the second-degree felony of aggravated battery with great bodily harm, section 784.045, Florida Statutes (1993)....
...*703 sification and that he knowingly pleaded to the twenty-seven years. [T.20]. Alvarez asserts that the error lies in the printed judgment sheet, which lists his offense as aggravated assault with great bodily harm on a police officer, pursuant to section
784.045, but fails to list section
784.07, the reclassification statute....
CopyPublished | Florida 5th District Court of Appeal | 2000 Fla. App. LEXIS 219
with aggravated battery, a second-degree felony. §
784.045, Fla. Stat. (1997). The petition alleged that
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 119, 1995 WL 10502
...rwise affirm his remaining convictions and sentences. AFFIRMED as Modified. DAUKSCH, GOSHORN and PETERSON, JJ., concur. . §
782.04, Florida Statutes (1989): . §
812.13(1), (2)(a), Florida Statutes (1989). . §
790.07(2), Florida Statutes (1989). . §
784.045(l)(a)l, Florida Statutes (1989)....
CopyPublished | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 1521, 1993 WL 30645
...Our review of the record in this case reveals that the appellant was charged with and found guilty of aggravated battery, which occurs when a person “[ijntentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement.” § 784.045(l)(a)(l), Florida Statutes (1991)....
...We therefore conclude that the error in this case is harmless beyond a reasonable doubt. See State v. DiGuilio,
491 So.2d 1129 (Fla.1986). Accordingly, the judgment is affirmed. MINER and KAHN, JJ. concur. Aggravated battery may involve nondeadly force if a battery is committed with a deadly weapon. See section
784.045(l)(a)(2)....
CopyPublished | Florida 4th District Court of Appeal
...bodily harm, and the firearm was not an essential element of the offense.
Aggravated battery is a second-degree felony and is committed either
2
by (1) causing great bodily harm or (2) using a deadly weapon. §
784.045(1)(a), (2), Fla....
...The state agrees appellant’s 36-year sentences for aggravated battery were
improper.
Appellant’s aggravated battery convictions were reclassified to first-
degree felonies and thus were punishable by up to 30 years in prison. §§
775.082(3)(b),
775.087(1)(b),
784.045(2), Fla....
CopyPublished | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 2470, 2001 WL 227739
...s for Offender Under Supervision, alleging that Ucciferri violated the terms of his supervised release: 1.) by committing the offenses of attempted homicide and aggravated battery with a deadly weapon in violation of Florida Statute §§
782.051 and
784.045(1)(2); and 2.) by having in his possession a firearm as evidenced by his arrest on November 30, 1999....
...s supervised release by committing the offenses of attempted homicide and aggravated battery with a deadly weapon, in violation of Fla.Stat. §
782.04(1)(a)(1) and Fla.Stat. §
777.04 (in place of Fla.Stat. §
782.051), and in violation of Fla.Stat. §
784.045(1)(a)(2) (in place of Fla.Stat. §
784.045(1)(2))....
...o commit the offense or otherwise prevented its commission under circumstances indicating a complete and voluntary renunciation of [his criminal] purpose. Fla. Standard Crim. Jury Instruction 85. C. Aggravated Battery With A Deadly Weapon, Fla.Stat. § 784.045(1)(a)(2) The parties agree that in order to prove an aggravated battery, the government must show by a preponderance of the evidence that: 1.) the defendant intentionally caused bodily harm to the victim; 2.) in committing the battery, the...
CopyPublished | District Court, S.D. Florida | 2017 U.S. Dist. LEXIS 22553, 2017 WL 652202
...offense, because under Florida law a person commits aggravated battery if “the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.” Fla. Stat. § 784.045 . Section 784.045 requires proof of each of the elements of ordinary battery and: (1) that the victim was pregnant, and (2) the perpetrator knew the victim was pregnant....
...Weeks,
711 F.3d 1255 (11th Cir. 2013). . Movant raises this argument in his Motion to Vacate, but does not raise it again in his Motion for Reconsideration. . The Eleventh Circuit held that aggravated battery of a pregnant woman, FI. Stat. §§
784.03(l)(a) and
784.045, is divisible....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 2170, 2016 WL 618886
...angely in front of them.
With Mr. Jamison present, the State announced that it had filed a
superseding information adding an additional count of aggravated battery with a
weapon causing great bodily harm, a second-degree felony. See § 784.045(1)(a), Fla.
Stat....
CopyPublished | Florida 1st District Court of Appeal | 1984 Fla. App. LEXIS 11774
Count Two are sufficiently similar to those of Section
784.045(l)(b), Florida Statutes (1981), as charged
CopyPublished | Florida 2nd District Court of Appeal
...found guilty by jury of burglary of a structure, conveyance, or dwelling
with an assault or battery in violation of sections
810.02(1) and (2)(a),
Florida Statutes (2019) (count one); aggravated battery by a person using
a deadly weapon in violation of section
784.045(1)(a)2, Florida Statutes
(2019) (count two); and felony battery resulting in great bodily harm in
violation of section
784.041(1) (count three)....
...section
775.021(4)(b) do not apply. Instead, he argues that the second
exception, the degrees of the same offense exception, is applicable. Here,
in pertinent part, the State charged Joseph with aggravated battery by a
person using a deadly weapon in violation of section
784.045(1)(a)2 and
felony battery resulting in great bodily harm or disability in violation of
section
784.041(1)....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1027, 1992 WL 21892
...re acquiescence to his acts of simple battery by non-consensually touching her intimate areas, involved the “use” of a deadly weapon in the commission of the battery within the meaning of sub-subsection (l)(a)2 of the aggravated battery statute, § 784.045, Fla.Stat....
...nother person against the will of the other; or (b) Intentionally causes bodily harm to an individual. (2) Whoever commits battery shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
784.045 Aggravated battery.— (1)(a) A person commits aggravated battery who, in committing battery: 1....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2659, 1988 Fla. App. LEXIS 5388, 1988 WL 129542
SHARP, Chief Judge. Earnest Dickerson was originally charged with aggravated battery in violation of section
784.045(l)(b), and possession of a firearm by a felon in violation of section
790.23, Florida Statutes (1987)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21867
...Overruling objection to the prosecutor’s references in opening statement and closing argument concerning the extent of the victim’s surgery, when the charge of aggravated battery in this case was based on sub-section (b) rather than subsection (a) of section 784.045 [ (1) ], Florida Statutes....
CopyPublished | Florida 3rd District Court of Appeal
...As set forth in her report, Dr.
Johnson concluded that Farmer was competent to proceed. 2 The parties
stipulated that, had Dr. Johnson been called to testify at a competency
hearing, she would have testified consistently with her written report, and
that such testimony would be admissible.
1
See § 784.045(1)(a)1., Fla....
CopyPublished | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 18392, 2003 WL 22867641
PER CURIAM. George Gould was convicted of aggravated battery-reclassified pursuant to section 784.045, Florida Statutes (2001), and was sentenced to state prison as a habitual offender and prison releasee reoffender....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 19234
...State,
573 So.2d 813 (Fla. 1991)). Here, the trial court instructed the jury on both types of aggravated battery: “[¡Intentionally or knowingly caus[ing] great bodily harm, permanent disability, or permanent disfigurement” and “[using] a deadly weapon.” §
784.045(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
inflicting great bodily harm" pursuant to section
784.045(1)(a), Florida Statutes (2007).1 He was sentenced
CopyPublished | Florida 5th District Court of Appeal
inflicting great bodily harm" pursuant to section
784.045(1)(a), Florida Statutes (2007).1 He was sentenced
CopyPublished | Supreme Court of Florida
...NO.
None
Attempt
777.04(1) 5.1
Comment
This instruction was approved in 1981 and amended in 2018.
8.4(a) AGGRAVATED BATTERY (Pregnant Victim)
§
784.045(1)(b), Fla....
...This determination may include consideration
about whether the person was “touched” through the force of impact by being
jostled or otherwise impacted through the transfer of energy from the
collision.]
Lesser Included Offenses
AGGRAVATED BATTERY (PREGNANT VICTIM) – 784.045(1)(b)
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 19382, 1995 WL 765546
...Detective Rauch swore that: From my investigation and the Plaintiff's own statement, it appears that he was attacked without provocation and without prior warning by three other inmates. The three inmates who attacked Plaintiff were charged with aggravated battery under Florida Statutes § 784.045....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 103, 1988 Fla. App. LEXIS 5786, 1988 WL 139093
victim with a deadly weapon in violation of section 784.-045, Florida Statutes (1983). After a trial by
CopyPublished | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 12924, 1991 WL 275538
...We find merit in his third argument that the trial court erred in exceeding the maximum penalty of fifteen years for count II, aggravated battery, a second degree felony. Our supreme court recently held that aggravated battery with the use of a deadly weapon, section
784.045(l)(b), is not subject to reclassification pursuant to section
775.087(1) because the use of a weapon is an essential element of the crime....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 19106, 2015 WL 9287023
...(20Í4) (designáting aggravated battery as a forcible, felony). A person commits aggravated battery when, in committing a battery, he or she (1) intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement, or (2) uses a deadly weapon. § 784.045(l)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 18675
...Charged (2001) Degree* (2001) SOL** Ran
Count 1 Att. Fel. Murder 782.05(1) 1°F PBL (2)(a) - 4 yrs 4/14/05
Count 2 L&L Batt (12-16)
800.04(4) 2°F (2)(b) - 3 yrs 4/14/04
Count 3 Agg Batt - GBH
784.045(1)(a)1....
...this count. Count 3 in
the 2010 amended information dropped the sexual battery charge and charged the
defendant with aggravated battery causing great bodily harm based on the
defendant’s act of choking the victim, a second degree felony, under section
784.045(1)(a)1. The 2010 Count 3 was a wholly new charge, not in the 2004
information. The 2010 prosecution for the aggravated battery with great bodily
harm under section 784.045(1)(a)1., a second degree felony, was barred by the
three-year statute of limitations....
CopyPublished | Supreme Court of Florida
...NO.
None
Attempt
777.04(1) 5.1
Comment
This instruction was approved in 1981 and amended in 2018.
8.4(a) AGGRAVATED BATTERY (Pregnant Victim)
§
784.045(1)(b), Fla....
...This determination may include consideration
about whether the person was “touched” through the force of impact by being
jostled or otherwise impacted through the transfer of energy from the
collision.]
Lesser Included Offenses
AGGRAVATED BATTERY (PREGNANT VICTIM) – 784.045(1)(b)
CATEGORY ONE CATEGORY TWO FLA....
CopyPublished | District Court of Appeal of Florida | 1989 Fla. App. LEXIS 7394, 1989 WL 153643
PER CURIAM. We find no merit to the issues raised on appeal except for appellant’s challenge of her two convictions for aggravated battery. A single battery gave rise to two separate charges, one under section 784.045(l)(a) and the other under section 784.045(l)(b), Florida Statutes (1987)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 30, 1984 Fla. App. LEXIS 16711
...ourt were stayed pursuant to Fla.R.App.P. 9.100(f). We have considered the response and now deny the writ and vacate the stay. Petitioner T.D.B., age 13, was taken into custody on January 12, 1984, on the charge of aggravated battery in violation of section 784.045(l)(b), Florida Statutes (1983), it being alleged that she stabbed the victim with a switch-blade knife....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 129, 1986 Fla. App. LEXIS 10984
...its effective date violates the ex post facto restrictions of both the United States and the Florida Constitutions. 6 Accordingly, we vacate the sentences and remand for resentencing. VACATE SENTENCES AND REMAND. ORFINGER and COWART, JJ., concur. . § 784.045, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 16943, 1999 WL 1204818
...nd Cobb while they made their way to safety, we cannot say that the error was harmless. The convictions and sentences are reversed and the cause remanded for a new trial. REVERSED and REMANDED for new trial. ANTOON, C.J., and W. SHARP, J., concur. . § 784.045(1)(A)(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 18458
...A jury convicted Jesse Lee Solomon, III, of (1) kidnapping with the intent
to inflict bodily harm upon or to terrorize the victim or another person, §
787.01(1)(a)(3),
Fla. Stat. (2014); (2) aggravated battery with use of a deadly weapon, §
784.045(1)(a)(2), Fla....
...[i]nflict bodily harm upon
or to terrorize the victim or another person." §
787.01(1)(a)(3). Aggravated battery
requires a person who in committing a battery "[1] intentionally or knowingly causes
great bodily harm, permanent disability, or permanent disfigurement; or [2] [u]ses a
deadly weapon." §
784.045....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 19102, 2004 WL 2892613
...The First District concluded that this error resulted in a “manifest injustice.” Id. at 1048 . We reach the same result in this case. On remand, the trial court must allow Mr. Aguirre-Garcia to withdraw his plea and proceed to trial on the remaining charges. Reversed and remanded. WHATLEY and CANADY, JJ„ Concur. . See § 784.045(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 16871, 1999 WL 1191474
...As to the testimony on lost wages, we need not answer the question of whether such monetary damages may be considered in determining “bodily harm” or “permanent disability,” an element of the offense of aggravated battery on a law enforcement officer under section 784.045(l)(a)l., Florida Statutes (1997), because we cannot find that defendant objected to any such testimony at trial....
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 19940, 2011 WL 6183597
...The information alleged that he used a knife and specifically referred to section
775.087(1), indicating that the state was seeking an enhancement of the sentence under that statute. At trial, the jury was instructed on the lesser offense of aggravated battery pursuant to section
784.045(l)(a)l., defining the crime as “[ijntentionally or knowingly causing] great bodily harm, permanent disability, or permanent disfigurement.” The jury was not instructed on aggravated battery pursuant to section
784.045(l)(a)2., which consists of the use of a deadly weapon....
...t, to which it answered “yes.” Lareau v. State,
573 So.2d 813, 815 (Fla.1991), states: “[Ejection
775.087(1) permits reclassification and the consequential enhancement of penalties for the crime of aggravated battery causing great bodily harm, section
784.045(l)(a), when a weapon is used to commit the crime.” That is what occurred in this case....
CopyPublished | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 16234, 2000 WL 1816929
...the Defendant with aggravated battery. The information provided in pertinent part, ANTHONY JEROME STOKES ... did unlawfully and intentionally touch or strike [the victim] against her will with a deadly weapon, to-wit: a carving knife, contrary to F.S. 784.045....
CopyPublished | Court of Appeals for the Eleventh Circuit
...hat might have provided guidance to
Santos’s sentencing judge back in 1994. See, e.g., Llanos-Agostadero,
486 F.3d at
1197 (“This court has yet to address the issue of whether aggravated battery on a
pregnant woman, in violation of Fla. Stat. §
784.045(1)(b), constitutes a crime of
violence under U.S.S.G....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 1914, 1988 Fla. App. LEXIS 3588, 1988 WL 81892
...The defendant appeals his sentence on the claim that it constituted an improper departure from the sentencing guidelines. We agree and reverse the sentence and remand for proper resentencing. A jury convicted the defendant of 1) aggravated battery, § 784.045(l)(a), Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1718, 1986 Fla. App. LEXIS 9247
STONE, Judge. Appellant was convicted of aggravated battery pursuant to section 784.045(1) Florida Statutes (1984)....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 14490
...She testified that the dart she removed had penetrated *954 approximately one inch into her son’s back. The victim did not require medical treatment. The blow gun was a lightweight metal shaft about thirteen inches long. The darts were six to seven inches long with sharp tips. Our aggravated battery statute, section 784.045, Florida Statutes (2003), provides that one method of committing the crime is by committing a battery with the use of a “deadly weapon.” § 784.045(l)(a)(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 9151, 1995 WL 509252
SHAHOOD, Judge. Appellant, John Hollis, entered a plea of nolo contendere to the charge of “aggravated battery with a deadly weapon,” in violation of section 784.045(1)(a), Florida Statutes (1993) as charged in the information....
...ng document which appears to indicate that appellant was being charged with aggravated battery with great bodily harm, which would permit reclassification. The Information charged appellant with “aggravated battery-deadly weapon” in violation of section 784.045(1)(a). However, section 784.045(1)(a) applies to aggravated battery with great bodily harm, while section 784.045(1)(b) applies to aggravated battery with a deadly weapon....
...Finally, the judgment entered by the court states that the appellant entered a plea of nolo contendere to aggravated battery with a deadly weapon. Thus, the totality of the circumstances indicates that Hollis was charged with and pled to aggravated battery with a deadly weapon consistent with section 784.045(1)(b)....
CopyPublished | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 11012, 1998 WL 543317
...The scoring of victim injury is within the sound discretion of the trial court and here we find that the record supports scoring the injury *837 as severe. Kelly v. State,
701 So.2d 1253 (Fla. 5th DCA 1997); Brown v. State,
652 So.2d 488 (Fla. 5th DCA 1995). AFFIRMED. GRIFFIN, C.J., and COBB, J., concur. . §
784.045(1)(A)(2), Fla....
CopyPublished | Florida 5th District Court of Appeal
...information with aggravated battery with a deadly weapon, but convicted of felony
battery.1 He notes that aggravated battery can be committed either by causing “great
bodily harm, permanent disability, or permanent disfigurement,” or by using a deadly
weapon. See § 784.045(1)(a), Fla....
...onviction for felony battery. However,
while the testimony cited by the court indicated that the victim suffered a fractured rib, the
crime Snead was charged with alleged use of a deadly weapon, not great bodily harm.
See §§
784.03(2),
784.041,
784.045(1)(a), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
aggravated battery, which under Florida Statute §
784.045 is committed when the offender commits a battery
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 3627402, 2012 Fla. App. LEXIS 14157
...State,
65 So.3d 599, 601-02 (Fla. 5th DCA 2011). The defendant does not argue that the error affected his sentence. Accordingly, we remand for correction of this scrivener’s error. AFFIRMED and REMANDED. ORFINGER, C.J., and EVANDER, J., concur. . §
784.045(l)(a)2, Fla....
CopyPublished | Florida 5th District Court of Appeal | 2008 Fla. App. LEXIS 12472, 2008 WL 3876003
...Cox, III, appeals from his conviction and sentence on the charge of felony battery pursuant to section
784.03(1) and (2), Florida Statutes (2007). 1 The jury was originally instructed on the crime of aggravated battery on a pregnant person pursuant to section
784.045(l)(b), Florida Statutes, but returned a verdict of guilty only as to the lesser offense of simple battery....
...In this case, count one of the information, charging Cox with aggravated battery on a pregnant person, also expressly alleged that Cox had “previously been convicted of battery on September 6, 2006, in Volusia County, Florida” and that the battery therefore violated both “Florida Statute
784.045(1)(b) and
784.03(1) and (2).” [emphasis added]....
...elony of the third degree . Cox took the witness stand in his own defense and testified that he was unaware that the victim was pregnant at the time of the incident that formed the basis for the charge. To prove the crime of aggravated battery under section 784.045(l)(b), Florida Statutes, the evidence must convince the jury beyond a reasonable doubt both that the victim was pregnant at the time of the battery and that the "the offender knew or should have known that the victim was pregnant."
CopyPublished | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 11131, 1999 WL 628974
...Lawton confessed to the crime but stated the stabbing was an accident, the result of a drug deal gone awry. Even if the trial court erred, it was harmless error. State v. DiGuilio,
491 So.2d 1129 (Fla.1986). AFFIRMED. DAUKSCH and GOSHORN, JJ., concur. . §
812.13(1) & (2)(b), Fla. Stat. (1997). . §
784.045(l)(a)(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1996 Fla. App. LEXIS 8065, 1996 WL 431173
...We affirm the defendant’s judgments and sentences without reaching the merits of his appeal because this allegation of error was not raised in the trial court and such error is not fundamental in nature. AFFIRMED. PETERSON, C.J., and DAUKSCH, J., concur. . §§
810.02(1);
810.02(2)(a);
784.03, Fla.Stat. (1993). . §
784.045(l)(a)2, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 1990 Fla. App. LEXIS 5694, 1990 WL 108834
...ere, or that the habitual offender statute is unconstitutional. See King v. State,
557 So.2d 899 (Fla. 5th DCA 1990); Long v. State,
558 So.2d 1091 (Fla. 5th DCA 1990). REVERSED in part; REMANDED for resentencing. GOSHORN and GRIFFIN, JJ., concur. . §
784.045(l)(a), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal
...3d DCA
1993) (“A firearm is, by definition, a deadly weapon which fires
projectiles likely to cause death or great bodily harm; . . . .”);
Riggins v. State,
557 So. 2d 185, 185 (Fla. 3d DCA 1990) (“it is
well settled that a firearm, as here, is a ‘deadly weapon’ within
the meaning of” section
784.045, the aggravated battery statute)....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8523, 1995 WL 471664
...5th DCA 1995); Johnson v. State,
648 So.2d 263 (Fla. 5th DCA 1994); Tibero v. State,
646 So.2d 213 (Fla. 5th DCA 1994). AFFIRMED; Condition to pay First Step of Volusia County, Inc. STRICKEN. DAUKSCH and THOMPSON, JJ., concur. . Section
812.13, Fla.Stat. (1993). . Section
784.045, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 3428756, 2017 Fla. App. LEXIS 11496
...The State charged two counts of aggravated battery.
Aggravated battery is a battery where the defendant either 1) intentionally or
knowingly causes great bodily harm, permanent disability, or permanent
disfigurement, or 2) uses a deadly weapon. § 784.045(1), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 13330, 2006 WL 2285792
...1st DCA 2005) (remanding for correction of scrivener’s error in the judgment); Bolware v. State,
668 So.2d 200 (Fla. 1st DCA 1995) (same). The judgment erroneously recites that' the appellant was convicted of aggravated battery causing great bodily harm under section
784.045(l)(a), when the appellant entered a plea to the lesser included offense of felony battery....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16408
...The two count information provided in material part: “COUNT ONE: Appellants ‘. . .did intentionally or knowingly cause great bodily harm, permanent disability or permanent disfigurement upon said James Johnson by hitting the said James Johnson on the head with a deadly weapon, to-wit: a board, contrary to Section 784.045(l)(a), Florida Statutes, and as to COUNT TWO, ......
CopyPublished | Florida 1st District Court of Appeal | 2016 WL 1337359, 2016 Fla. App. LEXIS 5242, 41 Fla. L. Weekly Fed. D 850
...announced at sentencing.
Case No. 12-CF-1254
The petitioner received six sentences in lower tribunal case number 12-CF-1254.
The first such sentence was for aggravated battery with great bodily harm, permanent
disability, or permanent disfigurement, contrary to section 784.045(1)(a)(1), Florida
Statutes (2012)....
CopyPublished | Florida 4th District Court of Appeal
...defendant’s presence is not required. See Daniels v. State,
31 So. 3d 190,
191 (Fla. 1st DCA 2009) (striking the defendant’s HFO designation on
remand is a purely ministerial act not requiring the defendant’s presence).
Second, the circuit court’s written judgment miscited section
784.045(1)(a)2., Florida Statutes (2017), as the corresponding statute for
the defendant’s felony battery conviction....
CopyPublished | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 3857, 2009 WL 1139219
...tutes an improper double enhancement and violated his right to substantive due process. We affirm the trial court's sentences and write only to address the first issue. Alvarado was charged with aggravated battery on a pregnant woman in violation of section 784.045(1)(b), Florida Statutes (2004)....
...datory term as a DSFO. Alvarado argues that the trial court erred in sentencing him as an HVFO on Counts III, IV, and V because the sole prior conviction upon which this enhanced sentencing was imposed is aggravated battery on a pregnant woman under section 784.045(1)(b), Florida Statutes (2004). He asserts that this particular form of aggravated battery is unlike the standard aggravated battery because it is not a violent crime. See § 784.045(1)(b), Fla....
...nvictions were for one of the felonies enumerated in the statute. §
775.084(1)(b)(1), Fla. Stat. (2004). Aggravated battery is one of the enumerated crimes that qualify a defendant for HVFO sentencing. Id. Turning to the aggravated battery statute, section
784.045(1)(b), Florida Statutes (2004), states that: "A person commits aggravated battery if the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was p...
...The sentence that was ultimately imposed in the probation case is not relevant to this appeal. [2] "Whoever commits aggravated battery shall be guilty of a felony of the second degree, punishable as provided in s.
775.083, s.
775.083, or s.
775.084." §
784.045(2), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 Fla. App. LEXIS 6383, 2007 WL 1224615
PER CURIAM. Johnny Jacobs appeals the reclassification of his felony conviction for aggravated battery with a firearm. Under section 784.045, Florida Statutes (2003), the offense is a second-degree felony punishable by a prison term not to exceed fifteen years....
...s to thirty years. The reclassification of the felony was error and must be reversed. Jacobs was also convicted of shooting into an occupied vehicle and sentenced to fifteen years in prison. We affirm that conviction and sentence without discussion. Section 784.045 provides that aggravated battery is a second-degree felony and is committed by (1) causing great bodily harm or (2) using a deadly weapon....
CopyPublished | Florida 2nd District Court of Appeal
...Hurley,
Assistant Attorney General, Tampa; and
Cynthia Richards, Assistant Attorney
General, Tampa (substituted as counsel
of record), for Appellee.
PER CURIAM.
Delorean Feaster challenges his judgment and sentence for aggravated
battery. See § 784.045(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1033, 1985 Fla. App. LEXIS 13614
that a bullet lodged in her throat, contrary to F.S.
784.045. *499In our view, the verdict form complies
CopyPublished | Florida 6th District Court of Appeal
...Attempted aggravated battery is a third-degree felony. See §
777.04(4)(d)1,
Fla. Stat. (2017). Aggravated battery occurs when a person committing battery (1)
intentionally or knowingly causes great bodily harm, permanent disability, or
permanent disfigurement; or (2) uses a deadly weapon. §
784.045(1)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal
...PER CURIAM.
We affirm appellant’s convictions and sentences without discussion.
See Guzman v. State,
350 So. 3d 72 (Fla. 4th DCA 2022). However, we
remand for correction of scrivener’s errors in the scoresheet and judgment.
The scoresheet lists section
784.045(1)(a)2., Florida Statutes, as the
primary offense and the judgment states that appellant was convicted
under section
784.045(1)(a)1., Florida Statutes. Both appellant and the
state agree that the scoresheet and judgment should cite section
784.045(1)(a) without referencing any specific subparagraph because the
jury did not make a finding as to whether the aggravated battery was based
on great bodily harm or the use of a deadly weapon....
CopyPublished | District Court of Appeal of Florida
sentence of aggravated battery in violation of section
784.045, Florida Statutes (1979). In light of this
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 1415189, 2014 Fla. App. LEXIS 5431
...89), was a specific intent crime that required that the offender knowingly commit the offense on a LEO); V.M.,
729 So.2d at 429 (stating that the general intent to commit a simple battery would not transfer to the specific intent required to violate section
784.045(l)(b), Florida Statutes (1997), which required that the offender “knew or should have known that the victim was pregnant”); S.G.,
29 So.3d at 384 (stating that the first-degree misdemeanor battery conviction could not be reclassif...
CopyPublished | District Court of Appeal of Florida
aggravated battery with a deadly weapon. See §
784.045(1)(a), Fla. Stat. (2015). Prior to trial, Rivera
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 1442050, 2013 Fla. App. LEXIS 5713
...ry charge, arguing that striking a person with a firearm as a bludgeon, without anyone being actually struck by its projectile, was insufficient to meet the requirement that a person “[u]ses a deadly weapon” under the aggravated battery statute. § 784.045(l)(a)2, Fla....
...aggravated battery charge. “A trial court’s ruling on a motion for judgment of acquittal is reviewed de novo.... ” State v. Konegen,
18 So.3d 697, 698 (Fla. 4th DCA 2009) (citation omitted). O’Meara was convicted of aggravated battery under section
784.045(l)(a), Florida Statutes (2008), which states: A person commits aggravated battery who, in committing battery: 1....
...3d DCA 2009) the Third District determined that the use of a firearm as a bludgeon in a battery constitutes aggravated battery. The defendant struck the victim’s right temple with a firearm and the state charged him with aggravated battery pursuant to subsection 2 of section 784.045(l)(a) (by the use of a deadly weapon)....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 3522, 1996 WL 165386
PER CURIAM. The state appeals Lewis E. Smith’s sentence of one year of community control followed by two years of probation for aggravated battery with a firearm in violation of section 784.045(l)(a)2, Florida Statutes (1993)....
