Carter v. State

GRIFFIN, Judge.

We find no merit in appellant’s contention that the trial court reversibly erred by excluding the testimony of the defendant’s alibi witness first identified in mid-trial. Nor do we agree that this court’s decision in Bell v. State, 394 So.2d 570 (Fla. 5th DCA 1981), prevents enhancement of appellant’s aggravated battery conviction based on the use of a firearm.

At trial, on two occasions, without objection, the jury was instructed on aggravated battery,1 as a permissive lesser included offense of the charged offense of attempted first degree murder. This instruction included…