Gayden v. State

ON MOTION FOR REHEARING EN BANC

EVANDER, J.

We deny John Gayden’s motion for rehearing en banc; however, we withdraw our previous opinion issued on November 6, 2015, and substitute the following opinion in its stead.

After a jury trial, Gayden was convicted of aggravated battery with a deadly weapon and aggravated assault with a deadly weapon. The “deadly weapon” in question was a handgun. On appeal, Gayden raises two issues, only one of which merits discussion. Gayden contends that the trial court erred when it denied his motion for judgment of acquittal on the aggravated battery charge because…