JAMIE KNOTT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant contends and the appellee agrees that it was error by the trial court to convict the appellant of aggravated battery. While there was testimony to support a conviction for battery, there was nothing to indicate that the injuries received by the victim were intended by the appellant. 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.
Since no such intent was proven, we reverse and remand with instructions that the trial court vacate the judgment and sentence for aggravated battery, and enter a judgment for a simple battery and resen-tence the appellant accordingly.
SCHOONOVER, C.J., and SCHEB and HALL, JJ., concur.
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Washington v. State, 737 So. 2d 1208 (Fla. 1st DCA 1999)…“[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. Stat. (1997); Knott v. State, 573 So. 2d 179 (Fla. 2d DCA 1991) (to commit aggravated battery, which is a specific-intent crime, perpetrator must have “intent to cause great bodily harm, permanent disability or permanent disfigurement”). As noted earlier, “intent” is usually an appropriate que…
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Hardwick v. State, 630 So. 2d 1212 (Fla. 5th DCA 1994)…ore the crime of aggravated battery, which in the absence of use of a deadly weapon, requires that the defendant specifically intend to cause great bodily harm, permanent disability or permanent disfigurement was not established. See Knott v. State, 573 So. 2d 179 (Fla. 2d DCA 1991); State v. Horvatch, 413 So. 2d 469 (Fla. 4th DCA 1982). Affirmance on this point is mandated for two reasons. First, as the state points out, this ground for acquittal was not raised in the defendant’s perfunctory motions for jud…
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T.S. v. State, 965 So. 2d 1288 (Fla. 2d DCA 2007)…knowingly causing great bodily harm, etc., or as felony battery with the added element of intentionally or knowingly causing the great bodily harm, etc.3 This mens rea requirement makes aggravated battery a specific intent crime. See Knott v. State, 573 So. 2d 179, 180 (Fla. 2d DCA 1991). Felony battery is a necessarily lesser included offense of aggravated battery. See Fla. Std. Jury Instr. (Crim.) 8.4. Our review of the record leads us to conclude that the evidence presented at the adjudicatory hearing was…
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- State v. Horvatch, 413 So. 2d 469 (Fla. 4th DCA 1982)