SCAIFE v. STATE

No. 1D99-30.

767 So.2d 492 (2000)

James Edward SCAIFE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

May 17, 2000.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Lori D. Stith and L. Michael Billmeier, Assistant Attorneys General, Tallahassee, for Appellee.


BROWNING, J.

Edward Scaife (Appellant) appeals the trial court's reclassification of his second-degree felony aggravated battery conviction, as a first-degree felony for sentencing purposes. Appellant was convicted of "aggravated battery with great bodily harm or with a firearm." Appellant argues that the alternative manner in which the aggravated battery was charged allowed the jury to convict on a theory of aggravated battery with great bodily harm or aggravated...

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