CHRISTOPHER LAWRENCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Christopher Lawrence was convicted of robbery and aggravated battery following an altercation in a taxi cab. The appellate court affirmed the robbery conviction but reversed the aggravated battery conviction because the charging information failed to allege all essential elements required for that lesser-included offense.
The conviction for aggravated battery is reversed because the information did not allege the essential elements of aggravated battery, namely that the defendant either intentionally or knowingly caused great bodily harm, permanent disability, permanent disfigurement, or used a deadly weapon. However, this reversal does not preclude the state from charging Lawrence with aggravated battery in a new information that properly alleges all elements of the offense.
[1] A conviction for aggravated battery cannot be sustained if the information fails to allege the essential elements of that crime, specifically that the defendant intention…
[2] A state may recharge a defendant with aggravated battery in a new information that properly alleges all the elements of the offense, even after a prior conviction for tha…
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Join FLexlaw to unlock all legal intelligence“To sustain a conviction of a category two lesser-included offense, the information must allege each of the elements of that crime.”
Establishes the legal standard requiring that charging documents must contain all essential elements of lesser-included offenses
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Join FLexlaw to unlock all legal intelligenceLawrence was a passenger in a taxi cab when an altercation broke out with the driver. He was charged with attempted first-degree felony murder and att…
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PATTERSON, Judge.
The charges against appellant Christopher Lawrence arose while he was a passenger in a taxi cab. An altercation broke out between Lawrence and the driver which resulted in Lawrence being charged with attempted first-degree felony murder and attempted robbery with a weapon, the weapon being a piece of wire. After jury trial, Lawrence was convicted of the robbery as charged and on the charge of attempted first-degree felony murder, he was convicted of the lesser-included offense of aggravated battery. We affirm on the robbery conviction and reverse as to the aggravated battery.
Aggravated battery is a category two permissive lesser-included offense of attempted first-degree murder. State v. Johnson, 601 So. 2d 219 (Fla.1992). To sustain a conviction of a category two lesser-included offense, the information must allege each of the elements of that crime. B.S.W. v. State, 668 So. 2d 1075 (Fla. 2d DCA 1996). 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(l)(a), Fla. Stat. (1993). We, therefore, reverse that conviction.1
Our holding today does not preclude the state from charging Lawrence with aggravated battery in a new information alleging all of the elements of that offense. Gay v. State, 432 So. 2d 602 (Fla. 2d DCA 1983); State v. Salters, 634 So. 2d 1095 (Fla. 2d DCA 1994).
With respect to costs imposed at sentencing, we strike the $2 discretionary cost imposed pursuant to section 943.25(13), Florida Statutes (1993), because it was not orally pronounced. See Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995).
Affirmed in part and reversed in part.
DANAHY, A.C.J., and ALTENBERND, J., concur. . Attempted first-degree felony murder is not a crime. State v. Gray, 654 So. 2d 552 (Fla.1995). We do not reach the issue of whether a conviction of a "lesser included offense” of a nonexistent offense could be sustained because the conviction here is invalid on other grounds.
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Krishna Persaud v. State, 821 So. 2d 411 (Fla. 2d DCA 2002)…ormation and the evidence presented at trial. See Levesque v. State, 778 So. 2d 1049 (Fla. 4th DCA 2001). To sustain a conviction of a category two lesser-included offense, the information must allege ' each element of that crime. Lawrence v. State, 685 So. 2d 1356, 1357 (Fla. 2d DCA 1996). In this case, the information did not allege that Persaud intentionally or knowingly caused great bodily harm to the victim. See Levesque, 778 So. 2d 1049 (holding that trial court erred in instructing the jury as to the le…
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Wilson v. State, 786 So. 2d 632 (Fla. 4th DCA 2001)…d the objection been preserved, we would find no error, as battery is not a lesser-included offense of armed robbery when the information does not contain the elements of that offense. See Cave v. State, 613 So. 2d 454 (Fla.1993); Lawrence v. State, 685 So. 2d 1356 (Fla. 2d DCA 1996). In the instant case, the information charging Wilson alleged that he took money from the victim by force, violence, assault, or putting in fear and carried a weapon at the time. It does not allege that Wilson touched or struck th…
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Negron v. State, 938 So. 2d 650 (Fla. 4th DCA 2006)…arge the elements of both and there [*652] must be facts necessary to support both. Wilburn v. State, 840 So. 2d 384 (Fla. 2d DCA 2003), receded from on other grounds, Chambers v. State, 880 So. 2d 696 (Fla. 2d DCA 2004); see also Lawrence v. State, 685 So. 2d 1356, 1357 (Fla. 2d DCA 1996) (noting that to sustain a conviction of a category two lesser included offense, the information must allege each element of that crime). As held in Stokes: “Aggravated assault is not a necessarily lesser included offense o…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Abel Oliveros Reyes v. State, 655 So. 2d 111 (Fla. 2d DCA 1995)
- State v. Collin Gray, 654 So. 2d 552 (Fla. 1995)
- State v. Sinclair Johnson, 601 So. 2d 219 (Fla. 1992)
- GAY v. State, 432 So. 2d 602 (Fla. 2d DCA 1983)
- B.S.W. v. State, 668 So. 2d 1075 (Fla. 2d DCA 1996)
- State v. Cromatie, 668 So. 2d 1075 (Fla. 2d DCA 1996)
- State v. Salters, 634 So. 2d 1095 (Fla. 2d DCA 1994)