Beard v. State, 2D01-2182.

• Decision Date: 07 March 2003
• Docket Number: No. 2D01-2182.,2D01-2182.
• Citation: 842 So.2d 174
• Parties: Delbert BEARD, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

842 So.2d 174

Delbert BEARD, Appellant, v. STATE of Florida, Appellee.

No. 2D01-2182.

District Court of Appeal of Florida, Second District.

March 7, 2003.

Rehearing Denied April 10, 2003.

James Marion Moorman, Public Defender, and Edward Lee Giles, Special Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine V. Blanco, Assistant Attorney General, Tampa, for Appellee.

SALCINES, Judge.

Delbert Beard appeals his convictions for three counts of aggravated battery with a deadly weapon. Mr. Beard claims that the evidence was insufficient to sustain his convictions and that the trial court should have granted his motion for judgment of acquittal as to the charges. We agree that the evidence was insufficient as to counts two and three, but affirm as to count one.

Mr. Beard attended a party with a large gathering of young people at the home of Jeff Gordak on September 6, 1999. Later in the evening an altercation occurred between Mr. Beard and Mr. Gordak inside the residence. Mr. Beard was removed from the residence by numerous partygoers and a further scuffle ensued. Mr. Beard told one of the attendees, Dennis Charlsey, that he needed to reenter the residence to retrieve the keys to his automobile in order to leave the premises. Mr. Charlsey went inside the residence and Mr. Beard followed. While inside the house, Mr. Beard again came into contact with Mr. Gordak. There was another confrontation between Mr. Beard and Mr. Gordak. At that time, Mr. Beard stabbed Mr. Gordak in the stomach with a folding knife which had a serrated blade approximately four inches in length. Mr. Beard bolted from the residence after the stabbing and got into his automobile. Numerous young people who were attending the party jumped onto Mr. Beard's car. Mr. Beard quickly backed out of the driveway. During the time Mr. Beard was backing his automobile down the long driveway, Mr. Charsley and another partygoer, Eric Clark, who had remained inside, exited the residence. When the two young men stepped into the driveway they were hit by Mr. Beard's automobile. Both young men testified that they were hit almost immediately after coming out of the house.

Mr. Beard was charged in count one with aggravated battery of Mr. Gordak with a deadly weapon, a knife; in count two with aggravated battery of Mr. Charlsey with a deadly weapon, a motor vehicle; and in count three with aggravated battery of Mr. Clark with a deadly weapon, a motor vehicle. The jury found Mr. Beard guilty of all counts as charged. On appeal, Mr. Beard claims that the trial court erred when it denied his motion for judgment of acquittal as to all three counts of aggravated battery.

Simple battery is defined in section 784.03(1)(a), Florida Statutes (1999), as having occurred when a person: "1. [a]ctually and intentionally touches or strikes another person against the will of the other; or 2.[i]ntentionally causes bodily harm to another person." Aggravated battery, as defined in section 784.045(1)(a), Florida Statutes (1999), occurs when a person, who in committing battery: "1. [i]ntentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement; or 2.[u]ses a deadly weapon." Intent is a necessary element of battery, and must be determined by surrounding circumstances. R.T.L. v. State, 764 So.2d 871 (Fla. 4th DCA 2000); Paul v. Holbrook, 696 So.2d 1311 (Fla. 5th DCA 1997). A defendant who does not intend the injuries received by the victim does not commit aggravated battery. Knott v. State, 573 So.2d 179 (Fla. 2d DCA 1991).

In Pagan v. State, 830 So.2d 792, 803 (Fla.2002), the Florida Supreme Court summarized the standard of review on a motion for judgment of acquittal:

In reviewing a motion for judgment of acquittal, a de novo standard of review applies. Generally, an appellate court will not reverse a conviction which is supported by competent, substantial evidence. If, after viewing the evidence in the light most favorable to the State, a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt, sufficient evidence exists to sustain a conviction.

Id. at 803 (citations omitted). It is clear that there was sufficient evidence to sustain the conviction imposed for count one, the aggravated...