ARTHUR D. FRASIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the denial of postconviction relief but reversed the reclassification of aggravated battery from a second-degree to first-degree felony based on use of a deadly weapon, holding that when the jury verdict does not clearly separate the conviction from the weapon element, the conviction cannot be enhanced under section 775.087(1).
A conviction for aggravated battery cannot be reclassified from a second-degree to first-degree felony under section 775.087(1) when the jury verdict does not clearly establish that the conviction was based on a statutory element other than the use of a deadly weapon.
[1] When a jury verdict for aggravated battery does not clearly separate the conviction from the use of a deadly weapon as an essential element, the conviction cannot be enha…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellant was convicted of aggravated battery causing permanent disability, permanent disfigurement, or great bodily harm and with a deadly weapon. Th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Essential Element Of Offense cases and more on FLexlaw
We affirm the denial of appellant’s motion for postconviction relief with the sole exception of appellant’s claim that his con*366viction for aggravated battery under section 784.045(l)(a), Florida Statutes (2009), could not be reclassified from a second-degree felony to a first-degree felony under section 775.087(1), Florida Statutes (2009), based on the use of a weapon, which was an essential element of the offense. The jury in this case returned a verdict finding appellant “[gjuilty of Aggravated Battery Causing Permanent Disability, Permanent Disfigurement, or Great Bodily Harm and with a Deadly Weapon, as charged in the Information.” Appellant’s conviction for aggravated battery under both statutory theories cannot be reclassified pursuant to section 775.087(1) because it cannot be determined that the conviction was not based on the use of a deadly weapon. Descault v. State, 90 So.3d 997 (Fla. 1st DCA 2012); Hernandez v. State, 30 So.3d 610 (Fla. 3d DCA 2010); Webb v. State, 997 So.2d 469 (Fla. 2d DCA 2008); Cabral v. State, 944 So.2d 1026 (Fla. 1st DCA 2006); Perry v. State, 858 So.2d 1270 (Fla. 1st DCA 2003); Dozier v. State, 677 So.2d 1352 (Fla. 2d DCA 1996); McNeal v. State, 653 So.2d 1122 (Fla. 1st DCA 1995); Brown v. State, 583 So.2d 742 (Fla. 1st DCA 1991). Accordingly, we reserve and remand for resen-tencing of the offense as a second-degree felony.
AFFIRMED in part; REVERSED in part; and REMANDED for resentencing.
BENTON, SWANSON, and OSTERHAUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Helton v. State, 227 So. 3d 228 (Fla. 1st DCA 2017)…eapon.” Helton’s conviction for aggravated battery under both statutory theories cannot be reclassified pursuant to section 775.087(1) because it cannot be determined that the conviction was not based on the use of a deadly weapon. Frasier v. State, 132 So. 3d 365 (Fla. 1st DCA 2014). Accordingly, we reverse and remand for resen-tencing of the offense as a second-degree felony. AFFIRMED in part; REVERSED in part; and REMANDED for resentencing. ROBERTS, JAY, and M.K. THOMAS, JJ., CONCUR.…
-
N'Kosi Lerone Jones v. State (Fla. 1st DCA 2019)
Authorities Cited
- Dozier v. State, 677 So. 2d 1352 (Fla. 2d DCA 1996)
- Brown v. State, 583 So. 2d 742 (Fla. 1st DCA 1991)
- Cabral v. State, 944 So. 2d 1026 (Fla. 1st DCA 2006)
- Webb v. State, 997 So. 2d 469 (Fla. 2d DCA 2008)
- McNEAL v. State, 653 So. 2d 1122 (Fla. 1st DCA 1995)
- Perry v. State, 858 So. 2d 1270 (Fla. 1st DCA 2003)
- Cruz v. State, 30 So. 3d 610 (Fla. 4th DCA 2010)
- Hernandez v. State, 30 So. 3d 610 (Fla. 3d DCA 2010)
- Descault v. State, 90 So. 3d 997 (Fla. 1st DCA 2012)