Waymon Kirkland v. State of Florida

Waymon Kirkland appeals a judgment and sentence for felony battery and aggravated battery with a deadly weapon. We reverse the felony battery conviction.

The State filed a two-count information charging Kirkland in Count I with aggravated battery with a deadly weapon upon Dedrick Hall and in Count II with aggravated battery with a deadly weapon upon Anterkeith Burns. The evidence at Kirkland’s bench trial showed that Kirkland struck both men with a stick, Hall on the leg and Burns on the head. The court found Kirkland guilty as charged on Count II, but guilty of the lesser offense of felony…