Verela v. State
Verela was charged with attempted second-degree murder by 'stabbing' the victim, but the information never alleged use of a deadly weapon. The trial court instructed on the permissive lesser-included offense of aggravated battery with a deadly weapon, and the jury convicted on that theory. The Third District reversed, holding that because the amended information did not expressly allege the deadly-weapon element (only inferable from 'stabbing'), it was error to instruct on that theory, and remanded for entry of a verdict on simple battery and resentencing.
Key facts
- Verela was charged with attempted second-degree murder by stabbing a victim, but the information did not expressly allege the use of a deadly weapon.
- At trial, the court instructed the jury on the permissive lesser-included offense of aggravated battery with a deadly weapon, and the jury convicted on that theory.
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Why it matters
The majority and a lengthy dissent sharply disagree over whether language like 'attempt to kill by stabbing' adequately alleges a deadly-weapon theory of aggravated battery for purposes of a permissive… — full analysis with a trial
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