DERREK CARNELL DOUGLAS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
CONFESSION OF ERROR
Based on the state’s proper confession of error, we reverse Derrek C. Douglas’s convictions and remand for a new trial. The State correctly concedes that the conviction for aggravated battery cannot stand because the information charging Douglas with sexual battery does not allege the essential elements of aggravated battery: That defendant intentionally or knowingly caused great bodily harm. Tolbert v. State, 474 So. 2d 5 (Fla. 3d DCA 1985); Mateo v. State, 757 So. 2d 1229 (Fla. 2d DCA 2000).
Moreover, the court erred in denying Douglas’s peremptory challenge of juror Towne. The reasons offered for the challenge were race neutral, Melbourne v. State, 679 So. 2d 759, 764 (Fla.1996), and legitimate. Cobb v. State, 825 So. 2d 1080, 1084 (Fla. 4th DCA 2002).
This disposition makes it unnecessary to reach the remaining point raised on appeal.
Reversed and remanded.
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Citator
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Whitby v. State, 933 So. 2d 557 (Fla. 3d DCA 2006)…. 4th DCA 2004); Thomas v. State, 885 So. 2d 968 (Fla. 4th DCA 2004); Stephens v. State, 884 So. 2d 1071 (Fla. 5th DCA 2004); Russell v. State, 879 So. 2d 1261 (Fla. 3d DCA 2004); Alsopp v. State, 855 So. 2d 695 (Fla. 3d DCA 2003); Douglas v. State, 841 So. 2d 697 (Fla. 3d DCA 2003); Murray v. Haley, 833 So. 2d 877 (Fla. 1st DCA 2003); Daniels v. State, 837 So. 2d 1008 (Fla. 3d DCA 2002); Fleming v. State, 825 So. 2d 1027 (Fla. 1st DCA 2002); Shuler v. State, 816 So. 2d 257 (Fla. 2d DCA 2002); Rojas v. State,…
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State v. Whitby, 975 So. 2d 1124 (Fla. 2008)…not genuine); Russell v. State, 879 So. 2d 1261, 1262 (Fla. 3d DCA 2004) (reversing because the trial court incorrectly rejected the defense's facially-neutral reason and failed to assess the “genuineness of the proffered reason”); Douglas v. State, 841 So. 2d 697, 698 (Fla. 3d DCA 2003) (reversing in part because defense’s reasons for the challenge were race-neutral and legitimate); Daniels v. State, 837 So. 2d 1008, 1009 (Fla. 3d DCA 2002) (reversing because the trial court erred in finding the defense's re…
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Koch v. State, 874 So. 2d 606 (Fla. 5th DCA 2004)…and Koch that because the aggravated battery offense was based on use of a deadly weapon or firearm, this crime cannot be additionally enhanced using section 775.087(2)(a); because 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. . § 784.045(l)(a)2., Fla. Stat.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Jeanie H. Melbourne v. State, 679 So. 2d 759 (Fla. 1996)
- Kem Mateo v. State, 757 So. 2d 1229 (Fla. 2d DCA 2000)
- Katracy Dawson v. State, 825 So. 2d 1080 (Fla. 3d DCA 2002)
- Cobb v. State, 825 So. 2d 1080 (Fla. 4th DCA 2002)
- Theodis Tolbert v. State, 474 So. 2d 5 (Fla. 3d DCA 1985)