Knott v. State, 89-03482
| Decision Date | 18 January 1991 |
| Docket Number | No. 89-03482,89-03482 |
| Citation | 573 So.2d 179,16 Fla. L. Weekly 229 |
| Court | Florida District Court of Appeals |
| Parties | 16 Fla. L. Weekly 229 Jamie KNOTT, Appellant, v. STATE of Florida, Appellee. |
Lawrence D. Shearer of McDonald and Shearer, Lakeland, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Joan L. Greenberg, Asst. Atty. Gen., Miami, for appellee.
The appellant contends and the appellee agrees that it was error by the trial court to convict the appellant of aggravated battery. While there was testimony to support a conviction for battery, there was nothing to indicate that the injuries received by the victim were intended by the appellant. In fact, following a nonjury trial, the trial judge made a specific finding that the defendant did not intend to cause injury to the victim. Aggravated battery is a specific intent crime. State v. Horvatch, 413 So.2d 469 (Fla. 4th DCA 1982). Section 784.045(1)(a)1, Florida Statutes, defines aggravated battery's specific intent as the intent to cause great bodily harm, permanent disability or permanent disfigurement.
Since no such intent was proven, we reverse and remand with instructions that the trial court vacate the judgment and sentence for aggravated battery, and enter a judgment for a simple battery and resentence the appellant accordingly.
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Washington v. State
...causes great bodily harm, permanent disability, or permanent disfigurement." § 784.045(1)(a)1, Fla. Stat. (1997); Knott v. State, 573 So.2d 179 (Fla. 2d DCA 1991) (to commit aggravated battery, which is a specific-intent crime, perpetrator must have "intent to cause great bodily harm, perma......
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Hardwick v. State, 92-2251
...specifically intend to cause great bodily harm, permanent disability or permanent disfigurement was not established. See Knott v. State, 573 So.2d 179 (Fla. 2d DCA 1991; State v. Horvatch, 413 So.2d 469 (Fla. 4th DCA Affirmance on this point is mandated for two reasons. First, as the state ......
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United States v. Wiley, Case No. 00-14057-CR-GRAHAM/LYNCH
...disfigurement, or uses a deadly weapon. FLA. STAT. § 784.045(1)(a). Aggravated battery is a specific intent crime. Knott v. State, 573 So. 2d 179, 180 (Fla. 2d DCA 1991). A defendant must commit battery to commit aggravated battery, which requires a defendant to have the requisite intent fo......
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Beard v. State, 2D01-2182.
...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 ......