[Download] "Franklin v. State" by In the District Court of Appeal of the State of Florida Fourth District January Term 2004 # eBook PDF Kindle ePub Free
eBook details
- Title: Franklin v. State
- Author : In the District Court of Appeal of the State of Florida Fourth District January Term 2004
- Release Date : January 19, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
A jury, which could have found appellant guilty of attempted second degree murder with a firearm, found him guilty of the lesser included offense of aggravated battery under an instruction given over his objection. Jury findings that he discharged a firearm and inflicted serious bodily injury increased the penalty for the aggravated battery so that it was no longer less than if he had been convicted of attempted second degree murder with a firearm. We agree with appellant that under these facts the aggravated battery was not a lesser included offense and reverse for a new trial.