Cabral v. State

944 So.2d 1026 (2006)

Joseph J. CABRAL, Appellant,

v.

STATE of Florida, Appellee.

No. 1D04-5208.

District Court of Appeal of Florida, First District.

May 15, 2006.

Nancy A. Daniels, Public Defender, and Terry Carley, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Edward C. Hill, Jr., Special Counsel, Criminal Appeals, Tallahassee, for Appellee.

Joseph J. Cabral challenges the enhancement of his aggravated battery conviction to a first degree felony for use of a weapon during the commission of the offense. The elements of aggravated battery under section…