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Jones v. State

Florida Court of Appeals, First District

September 9, 2019

N'Kosi Lerone Jones, Appellant,
v.
State of Florida, Appellee.

         Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

          On appeal from the Circuit Court for Escambia County. John L. Miller, Judge.

          N'Kosi Lerone Jones, pro se, Appellant.

          Ashley Moody, Attorney General, and Barbara Debelius, Assistant Attorney General, Tallahassee, for Appellee.

          PER CURIAM.

         N'Kosi Lerone Jones challenges the denial of his motion to correct an illegal sentence which in turn challenged the reclassification of his conviction for aggravated battery to a first degree felony pursuant to section 775.087(1), Florida Statutes (2011). We affirm.

         Jones was charged with aggravated battery. Such an offense can be established in two ways: (i) the intentional infliction of great bodily harm, permanent disability, or permanent disfigurement; or (ii) use of a deadly weapon. § 784.045(1)(a), Fla. Stat. (2011). The information by which Jones was charged alleged that he did intentionally or knowingly cause great bodily harm, permanent disability or permanent disfigurement to [the victim] and during the commission of said battery did carry, actually possess and discharge a firearm which caused great bodily harm.

         The jury in Jones' trial utilized a verdict with the following options:

         VERDICT

         WE, THE JURY, find as follows, as to the counts charged in the Information:

Guilty of Aggravated Battery as charged:
1. If you find the defendant guilty of Aggravated Battery, do you find that the defendant committed the Aggravated Battery by:
__ a. Intentionally causing great ...

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