SMITH v. STATE

No. 1D06-5319.

969 So.2d 452 (2007)

Jack Ray SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 15, 2007.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General; Trisha Meggs Pate, Bureau Chief of Criminal Appeals; and Joshua R. Heller, Bryan Jordan, and Elizabeth F. Duffy, Assistant Attorneys General, Tallahassee, for Appellee.


ROBERTS, J.

The appellant, Jack Ray Smith (Smith), was convicted of aggravated battery with a deadly weapon when, as part of an attempted sexual battery, he splashed household bleach in his victim's eyes, nose, and mouth in an attempt to subdue her. In the instant case, he appeals the denial of his motion for judgment of acquittal. Because the determination as to whether an object not ordinarily considered a weapon has been used in a manner likely to cause death or...

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