State v. Weaver

Summary

The Supreme Court of Florida held that a trial court's erroneous instruction on the bodily-harm form of battery did not constitute fundamental error where the defendant was charged only with intentional touching or striking, and the State presented no evidence or argument concerning bodily harm. The court answered the certified question in the negative, quashed the district court's decision, and disapproved Vega and Dixon to the extent inconsistent with its opinion.

Holdings

1. An unobjected-to jury instruction that includes the bodily-harm form of battery does not constitute fundamental error when the information charged only intentional-touching battery and the State neither relied on nor presented evidence concerning bodily harm.
2. Vega and Dixon are disapproved to the extent they are inconsistent with the rule that the erroneous inclusion of an uncharged alternative form of an offense is not fundamental error when that alternative was not at issue and was unsupported by the State's evidence or argument.

Questions Presented

1. Whether an unobjected-to jury instruction commits fundamental error when it instructs the jury on both bodily-harm battery and intentional-touching battery on a law enforcement officer, although the information charged only intentional touching and the State presented neither evidence nor argument concerning bodily harm.
2. Whether the Second District Court of Appeal's decisions in Vega v. State and Dixon v. State were inconsistent with the Florida Supreme Court's fundamental-error standard.

Disposition

quashed