BROOKS v. STATE

No. 98-891

726 So.2d 341 (1999)

Walter Lee BROOKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 22, 1999.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


HARRIS, J.

Brooks challenges his conviction for aggravated battery by the use of a deadly weapon on two grounds. First, he contends it was error to permit testimony concerning the extent of the victim's injuries since he was charged with the use of a deadly weapon and not with causing serious bodily harm. Second, he urges that a "mere kitchen knife" is not a deadly weapon.

The challenged evidence revealed that after Brooks argued with the victim, he retrieved...

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