O'Meara v. State

Patrick O’Meara appeals his conviction for aggravated battery, arguing that using a pistol as a bludgeon does not qualify as use of a deadly weapon for purposes of the aggravated battery statute. We disagree and find that when a person commits a battery by using a firearm as a bludgeon, the person uses a deadly weapon within the meaning of the aggravated battery statute.

The state charged O’Meara by information with one count of home invasion robbery with a firearm and one count of aggravated battery with a firearm. The case proceeded to a trial by jury.

At trial, the victim testified that she…