Hernandez v. State

Luis A. Hernandez (“Hernandez”) appeals from the denial of his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. We affirm in part and reverse in part.

The State charged and tried Hernandez for, among other crimes, aggravated battery. The aggravated battery count of the information alleged that Hernandez “committed] an aggravated battery upon [victim] by actually and intentionally touching or striking the person of [victim] against said person’s will, and did thereby knowingly or intentionally cause great bodily harm, and/or permanent disfigurement, and/or permanent…