DONALD CUNNINGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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W. SHARP, Judge.
Cunningham argues on appeal that the trial court erred in not granting his motion for judgment of acquittal at the close of the state’s case. He was convicted of aggravated battery1 because he struck a victim in the back of the head with a wooden weapon resembling a baseball bat. We affirm. Although disputed by Cunningham’s testimony, the state presented evidence at trial through the testimony of the victim and another eye witness, that Cunningham hit the victim in the head with the bat. The victim received injuries requiring stitches and medical treatment. Cunningham admitted he hit the victim, but argued it was done in self-defense. The evidence presented by the state’s witnesses refuted his self-defense theory. The jury resolved these factual disputes contrary to Cunningham’s position and found him guilty as charged. Under these circumstances, as an appellate court, we must affirm. Tibbs v. State, 397 So. 2d 1120, 1123 (Fla.1981).
AFFIRMED.
HARRIS, CJ., and DAUKSCH, J., concur. . § 784.045(l)(a)(2), Fla.Stat.
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Citator
Cited By
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Amauri Perez v. State, 825 So. 2d 957 (Fla. 3d DCA 2002)…v. State, 654 So. 2d 1267 (Fla. 2d DCA 1995); Owens v. State, 289 So. 2d 472 (Fla. 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. Aggravated battery.— (l)(a) A person commits aggravated battery who, in committing battery…
Authorities Cited
- Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)