WHITE v. STATE

No. 98-1486.

723 So.2d 357 (1998)

Willie WHITE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 23, 1998.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Alfred Washington, Jr., Assistant Attorney General, Daytona Beach, for Appellee.


ORFINGER, M., Senior Judge.

In a physical confrontation with one Michael Irvin, appellant pulled a knife with a five inch blade and in the ensuing struggle hit Irvin in the head with the butt of the knife and cut Irvin's fingers. Charged and convicted of aggravated battery with a deadly weapon, appellant argues that the trial court erred in denying his motion for judgment of acquittal, and that at most he is guilty of simple battery.

The incident took place...

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