STATE v. NELSON

No. 90-1349.

577 So.2d 971 (1991)

STATE of Florida, Appellant, v. Wayne NELSON, Appellee.

District Court of Appeal of Florida, Fourth District.

March 27, 1991.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellant.

No brief filed by appellee.


LETTS, Judge.

Involved here is the recently enacted statute enhancing the penalties for assaulting or battering a person sixty-five years old or older. The trial judge dismissed the charge because the information failed to state that the aggravated battery was carried out "knowingly." We reluctantly affirm.

Section 784.08(2), Florida Statutes (1989), provides in part:

Whenever a person is charged with knowingly committing an assault or aggravated...

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