JARRELL LADUNDREA LATHAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant's aggravated battery conviction was improperly reclassified from second-degree to first-degree felony where the trial court instructed the jury on multiple forms of aggravated battery but received a general verdict, requiring reversal and remand for correction.
A trial court may not reclassify an aggravated battery conviction from second-degree to first-degree felony when it instructs the jury on both the deadly-weapon and great-bodily-harm forms of aggravated battery and receives a general guilty verdict.
[1] A trial court may not reclassify an aggravated battery conviction to a higher felony degree when the jury receives instructions on multiple statutory forms of aggravated…
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Join FLexlaw to unlock all legal intelligenceJarrell Lathan was convicted by jury of aggravated battery and numerous other offenses. The trial court instructed the jury on both the use-of-deadly-…
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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 conviction from a second-degree felony to a first-degree felony was improper because the trial court instructed the jury on both the use-of-deadly-weapon and great-bodily-harm forms of aggravated battery but the jury returned a general verdict. The State properly concedes error. See Brady v. State, 65 So.3d 599, 602 (Fla. 5th DCA 2011) (holding that reclassification was not proper where the trial court instructed the jury on both forms of aggravated battery and the jury returned a verdict of guilty as charged).
Accordingly, the judgment and sentence entered on the aggravated battery conviction are reversed, and the matter remanded to the trial court for correction of the judgment and sentencing documents to reflect the proper classification of the defendant’s aggravated battery conviction.2
REVERSED and REMANDED.
ORFINGER and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jarrell L. Lathan v. State, 270 So. 3d 1262 (Fla. 5th DCA 2019)
Authorities Cited
- Hightower v. State, 954 So. 2d 1268 (Fla. 5th DCA 2007)
- Gonzalez v. State, 65 So. 3d 599 (Fla. 4th DCA 2011)
- Brady v. State, 65 So. 3d 599 (Fla. 5th DCA 2011)