DAMON HIGHTOWER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Montrell L. Johnson v. State, 149 So. 3d 727 (Fla. 5th DCA 2014)
  …DCA 2007); Penn v. State, 941 So. 2d 466 (Fla. 1st DCA 2006)). “Aggravated battery with a firearm is not subject to reclassification pursuant to section 775.087(1) because the use of a firearm is an essential element of the crime.” Jacobs v. State, 954 So. 2d 1268,1269 (Fla. 2d DCA 2007) (citing Lareau v. State, 573 So. 2d 813, 815 (Fla.1991); Dozier v. State, 677 So. 2d 1352 (Fla. 2d DCA 1996)). Here, the State charged Johnson in a way that made use of a firearm an essential element.2 Thus, reclassification…
• Jarrell Ladundrea Lathan v. State, 218 So. 3d 510 (Fla. 5th DCA 2017)
  …he Florida Statutes (2015) requires a term of imprisonment of at least twenty-five years based on the jury’s special finding that the defendant discharged a firearm resulting in great bodily harm on the aggravated battery count. See Jacobs v. State, 954 So. 2d 1268, 1269 (Fla. 2d DCA 2007).…
• Kearney v. State, 208 So. 3d 808 (Fla. 5th DCA 2016)
  …ted Battery.” Because the jury convicted Appellant of aggravated battery with a firearm, we find [*810] that Appellant’s use of a firearm was an element of the offense, thus prohibiting reclassification as a first-degree felony. See Jacobs v. State, 954 So. 2d 1268, 1269 (Fla. 2d DCA 2007) (reversing reclassification where jury convicted defendant of aggravated battery with a firearm with special finding that defendant caused great bodily harm by discharging a firearm during the commission of his offense). R…