JOMOLLA v. STATE

Nos. 3D07-2857, 3D06-3093.

990 So.2d 1234 (2008)

Angel JOMOLLA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 24, 2008.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Dorothy F. Easley, Special Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before SHEPHERD and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.


ROTHENBERG, J.

Angel Jomolla ("the defendant") appeals from a final order of conviction for battery evidencing prejudice and the trial court's subsequent denial of his motion to correct a sentencing error. On appeal, the defendant alleges that his conviction must be reversed and a new trial granted because: (1) the jury was instructed on an alternative theory of battery not charged in the information; (2) prejudicial evidence was improperly introduced at trial; (3...

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