Moody v. State

W. SHARP, Judge.

Moody appeals from his conviction and sentence for aggravated assault.1 He had been charged with aggravated battery: beating the victim (Singleton) with a hammer, brick or stick; and causing permanent disability or permanent disfigurement.2 Although the evidence presented at trial would have supported a conviction for aggravated assault, Moody argues the jury should not have been instructed on that crime because he was not charged with it by the information and aggravated assault is not a lesser included offense of aggravated battery. State v. Whitfield, 487 So.2d 1045 n. 1…