Dolan v. State

ALTENBERND, Judge.

Roland Dolan appeals his judgment and sentence for a felony battery under section 784.03(2), Florida Statutes (2012), which required the jury to determine as an element of the offense that Mr. Dolan had committed a prior battery. 1 Although there is a very high probability that Mr. Dolan’s record includes a conviction for a prior battery, the State did not present sufficient admissible evidence of any prior conviction for battery before it rested and the court’s actions thereafter did not effect a proper introduction of evidence. This case presents several interesting issues…