State v. Tovar

CASANUEVA, Judge.

The State of Florida appeals the grant of a motion for judgment of acquittal as to count one after a jury verdict finding Andrew P. Tovar, acting as a principal, guilty of felony battery. See § 924.07(l)(j), Fla. Stat. (2011); Fla. R.App. P. 9.140(c)(1)(E). Upon granting the motion, the trial court reduced the jury’s verdict and adjudicated Mr. Tovar guilty of misdemeanor battery as a lesser-included offense. We reverse.

The information filed against Mr. Tovar charged two offenses: count one was aggravated battery with a deadly weapon on Korey Barkley and count two was battery…