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MAULDIN v. STATE

No. 95-03127.

696 So.2d 801 (1997)

Grant MAULDIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 21, 1997.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robert L. Martin, Assistant Attorney General, Tampa, for Appellee.

CAMPBELL, Acting Chief Judge.

Appellant argues, and the state concedes, that appellant was improperly convicted of misdemeanor battery (§ 784.03, Fla. Stat.(1995)). The information only charged appellant with aggravated assault (§ 784.021, Fla.Stat.(1995)). Battery is neither a category two lesser included offense of aggravated assault, nor were the elements of battery charged in the information. Appellant, therefore, was not properly apprised of the charges...

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