No. 80-837.

407 So.2d 357 (1981)

Robin Doddridge GUTHRIE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 16, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Barbara Ann Butler, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

Appellant was tried by a jury and found guilty of aggravated battery. § 784.045(1)(a), Fla. Stat. (1979). On appeal, he argues the trial court erred in denying his motion for judgment of acquittal, arguing that the evidence only supported simple battery. § 784.03, Fla. Stat. (1979).

This case arose out of an unprovoked attack of an inmate at Brevard Correctional Institution wherein appellant and another inmate repeatedly hit the victim...

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