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COX v. STATE

No. 5D07-3187.

988 So.2d 1236 (2008)

Edwin Earl COX, III, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 22, 2008.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Appellee.

LAWSON, J.

Edwin E. Cox, III, appeals from his conviction and sentence on the charge of felony battery pursuant to section 784.03(1) and (2), Florida Statutes (2007).1 The jury was originally instructed on the crime of aggravated battery on a pregnant person pursuant to section 784.045(1)(b), Florida Statutes, but returned a verdict of guilty only as to the lesser offense of simple battery.2 Over Cox's objection...

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