RONNIE TRAVIS KRUSE v. STATE OF FLORIDA

On Motion For Rehearing

Klingensmith, J.

We grant in part the appellee’s motion for rehearing to clarify the charge to be tried on remand. We substitute the following opinion for the original opinion which we issued on May 31, 2017. We deny the remainder of appellee’s motion for rehearing -without further comment.

Appellant Ronnie Travis Kruse was charged with felony battery on an elderly person (over the age of sixty-five) with prior conviction, and was convicted of the lesser included offense of felony battery with prior conviction. He argues that his counsel was ineffective for failing to…