OWENS v. STATE

No. 89-189.

563 So.2d 180 (1990)

James C. OWENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 23, 1990.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and David P. Gauldin, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and William A. Hatch, Asst. Atty. Gen., Tallahassee, for appellee.


BARFIELD, Judge.

Appellant challenges his conviction for aggravated battery, asserting that the trial court abused its discretion in allowing the state to use for demonstration purposes a "butterfly" knife that was not the actual weapon used to commit the offense. He also challenges his departure sentence, arguing that the trial court improperly issued its written departure order a month after the sentencing hearing.

We affirm the conviction, but reverse the...

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