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Sampson v. State Of Fla. (Fla. App., 2010)

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NO. 1D10-1057District Court Of Appeal First District, State Of Florida Filed July 23, 2010 Michael Sampson, pro se, Appellant. Bill McCollum, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee. An appeal from the Circuit Court for Duval County. Mark H. Mahon, Judge. PER CURIAM. Appellant asserts that his aggravated battery conviction was improperly reclassified from a second to a first-degree felony based on the use of a weapon, because use of a weapon is an essential element of aggravated battery. Page 2 If an aggravated battery conviction arises merely from the use of a weapon, and not because of great bodily harm, reclassification is prohibited, as use of a weapon is an essential element of the charge...continue to full post

Full post as published by Florida Criminal Law Opinions on July 28, 2010 (boomark / email).