State v. Hernandez

WALTERS, Chief Judge.

Mario Hernandez was found guilty by a jury of the aggravated battery of his ex-wife. On appeal, he asserts five errors. His primary points of contention focus on the court’s enhancement of his sentence after concluding that he had used a deadly weapon. Hernandez argues that the court erred because it did not require the jury to make a separate factual finding, allegedly required by statute, that the battery was committed with a deadly weapon. Hernandez also asserts that the court’s conclusion was not justified by the evidence and violated the double jeopardy clause of the…