FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

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No. 1D18-5209

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N'KOSI LERONE JONES,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

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On appeal from the Circuit Court for Escambia County.

John L. Miller, Judge.

September 9, 2019

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. 
2

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 bodily harm

____ b. Using a deadly weapon

__ c. Both

2. If you find the defendant guilty of Aggravated Battery 

using a deadly weapon, was that weapon a firearm?

___ Yes ____ No

3. If you find the defendant guilty of Aggravated Battery 

with a firearm, did the defendant actually possess the 

firearm?

___ Yes ____ No

4. If you find the defendant guilty of Aggravated Battery, do 

you find that the defendant in committing the Aggravated 

Battery actually discharged the firearm?

  Yes ____ No

____ Guilty of Felony Battery, a lesser included offense.

____ Guilty of Battery, a lesser included offense.

____ Not Guilty.

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3

An aggravated battery is generally a second degree 

felony. § 784.045(2), Fla. Stat. (2011). However, section 

775.087(1) requires that a second degree felony be reclassified to a 

first degree felony when a weapon or firearm is used to commit the 

felony, except a felony in which the use of a weapon or firearm is 

an essential element is not subject to reclassification. In Lareau v. 

State, 573 So. 2d 813 (Fla. 1991), the Florida Supreme Court held 

that the offense of aggravated battery causing great bodily harm 

is subject to enhancement under section 775.087(1), while the 

offense of aggravated battery with a deadly weapon is not. 

In Cabral v. State, 944 So. 2d 1026, 1027 (Fla. 1st DCA 2006), 

this Court held that when “it is unclear whether appellant was 

found guilty of aggravated battery based on great bodily harm or 

the use of a deadly weapon, enhancement of his sentence for the 

use of a deadly weapon pursuant to section 775.087(1), Florida 

Statutes, was not permissible.” See Frasier v. State, 132 So. 3d 365 

(Fla. 1st DCA 2014) (holding that because the jury returned a 

verdict finding the defendant guilty of aggravated battery causing 

permanent disability, permanent disfigurement, or great bodily 

harm and with a deadly weapon, the sentence could not be 

reclassified pursuant to section 775.087(1)); and Helton v. State, 

227 So. 3d 228 (Fla. 1st DCA 2017) (same).

Here, Jones’ conviction was reclassified as a first degree 

felony. He argues that reclassification is erroneous because it is 

not clear from the verdict that use of a firearm was found to be an 

element of the conviction for aggravated battery. We disagree. By 

selecting the verdict option “Both,” the jury found that either way 

of proving aggravated battery was established beyond a reasonable 

doubt. Thus, aggravated battery by causing great bodily harm was 

independently established in the instant case. See Hurry v. State, 

978 So. 2d 854 (Fla. 1st DCA 2008) (affirming the reclassification 

of an aggravated battery conviction where it was clear from the 

verdict that the offense of aggravated battery was independently 

established by proof of great bodily harm and therefore the use of 

a weapon was not an essential element of the offense); Harrell v. 

State, 150 So. 3d 858, 862 (Fla. 2d DCA 2014) (“In order to support 

the enhancement under section 775.087(1), the jury must be given 

the option of finding the defendant guilty of aggravated battery 

with great bodily harm without also finding the defendant guilty 
4

of aggravated battery with a deadly weapon.”). To hold otherwise 

would frustrate the legislative intent to increase punishment “as 

the degree of actual injury or potential for serious injury becomes 

greater.” Lareau, 573 So. 2d at 815. 

Therefore, the trial court correctly reclassified the conviction 

from a second degree felony to a first degree felony. The denial of 

the motion to correct sentence is AFFIRMED.

RAY, C.J., and BILBREY and JAY, JJ., concur.

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Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

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N'Kosi Lerone Jones, pro se, Appellant.

Ashley Moody, Attorney General, and Barbara Debelius, Assistant 

Attorney General, Tallahassee, for Appellee.