Stokes v. State

The Defendant appeals his convictions for armed burglary of a conveyance and aggravated assault. We affirm the armed burglary conviction, but reverse the aggravated assault conviction and remand.

With regard to the aggravated assault conviction, the State originally charged the Defendant with aggravated battery. The information provided in pertinent part,

ANTHONY JEROME STOKES ... did unlawfully and intentionally touch or strike [the victim] against her will with a deadly weapon, to-wit: a carving knife, contrary to F.S. 784.045.

After the evidence had been presented, the defense moved to…