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DOUGLAS v. STATE

No. 3D002-506.

841 So.2d 697 (2003)

Derrek Carnell DOUGLAS, Appellant, v. The STATE of FLORIDA, Appellee.

District Court of Appeal of Florida, Third District.

April 16, 2003.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Ada Manzano Avallone, Special Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and John D. Barker, Assistant Attorney General, for appellee.

Before LEVY, FLETCHER and SHEVIN, JJ.

PER CURIAM.

CONFESSION OF ERROR

Based on the state's proper confession of error, we reverse Derrek C. Douglas's convictions and remand for a new trial. The State correctly concedes that the conviction for aggravated battery cannot stand because the information charging Douglas with sexual battery does not allege the essential elements of aggravated battery: That defendant intentionally or knowingly caused great bodily harm. Tolbert v. State,

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