Cox v. State

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(l)(b), Florida Statutes, but returned a verdict of guilty only as to the lesser offense of simple battery.2 Over Cox’s objection, the trial court then allowed the State to present additional evidence that Cox had been previously convicted of battery, and the jury returned a second verdict indicating that the State had…