DERRICK L. EVANS
v.
STATE OF FLORIDA
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Where aggravated battery is established by proof of great bodily harm, the use of a deadly weapon is not an essential element of the offense.
[1] When aggravated battery is proven by evidence of great bodily harm, the use of a deadly weapon is not an essential element of the offense, and the crime may be classified…
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Join FLexlaw to unlock all legal intelligenceDerrick L. Evans appealed a circuit court decision from Leon County concerning the classification of an aggravated battery conviction.…
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PER CURIAM.
AFFIRMED. See Hurry v. State, 978 So. 2d 854 (Fla. 1st DCA 2008) (affirming reclassification of aggravated battery to first degree felony where it was clear that aggravated battery was established by proof of great bodily harm and therefore use of deadly weapon was not an essential element of the offense).
RAY, C.J., and MAKAR and KELSEY, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Derrick L. Evans, pro se, Appellant.
Ashley Moody, Attorney General, Tallahassee, for Appellee.
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