State v. Williams

The State of Florida appeals from an order granting in part defendant Javares Williams’ sworn motion to dismiss, reducing the charge of aggravated battery with a deadly weapon to simple battery. We reverse and remand.

The defendant was charged by information with aggravated battery with a deadly weapon pursuant to sections 784.045(l)(a)2 and 775.087, Florida Statutes (2007), by intentionally striking the victim’s head against her will with a deadly weapon, to wit: a firearm.

Prior to the start of trial, the defendant filed what has been characterized as a sworn motion to dismiss, and attached…