Jarrell L. Lathan v. State

Jarrell Lathan (the defendant) appeals his judgment and sentence for aggravated battery, 1 entered by the trial court after a jury found him guilty of committing numerous offenses. He argues that the trial court’s reclassification of his aggravated battery conviction from a second-degree felony to a first-degree felony was improper because the trial court instructed the jury on both the use-of-deadly-weapon and great-bodily-harm forms of aggravated battery but the jury returned a general verdict. The State properly concedes error. See Brady v. State, 65 So.3d 599, 602 (Fla. 5th DCA 2011)…