Young v. State

ON MOTION FOR CLARIFICATION

We grant appellant’s motion for clarification, withdraw our previous opinion and substitute this opinion in its place.

We affirm on all issues except for one, involving appellant’s two convictions of aggravated battery. The trial court erred by reclassifying appellant’s two convictions to first-degree felonies under section 775.087(l)(b), Florida Statutes (2000). As charged and established at trial, the aggravated battery charges included a weapon or a firearm as “an essential element” within the meaning of section 775.087(1). See Lareau v. State, 573 So.2d 813, 815…