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HAYWARD v. STATE

No. 90-2556.

590 So.2d 976 (1991)

Raynold HAYWARD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 29, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.

GRIFFIN, Judge.

This is an appeal of a conviction for aggravated battery,1 which was enhanced to a first degree felony upon the jury's verdict that the defendant "is guilty of aggravated battery with a weapon". Defendant contends that enhancement of aggravated battery, a second degree felony, to a first degree felony pursuant to section 775.087(1), Florida Statutes (1989) is illegal because enhancement is not available under the statute...

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