Sampson v. State

Appellant asserts that his aggravated battery conviction was improperly reclassified from a second to a first-degree felony based on the use of a weapon, because use of a weapon is an essential element of aggravated battery.

If an aggravated battery conviction arises merely from the use of a weapon, and not because of great bodily harm, reclassification is prohibited, as use of a weapon is an essential element of the charge. See Thomas v. State, 932 So.2d 1221 (Fla. 5th DCA 2006); Perry v. State, 858 So.2d 1270 (Fla. 1st DCA 2003). Where it is unclear whether the defendant was found guilty of…