Sagner v. State

791 So.2d 1156 (2001)

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Nature of the Case

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Facts

D was in a heated argument with Chino. The two were still arguing when D got in his car to leave. As he was leaving, D threw a bottle out his car window. D looked directly at Chino when he threw the bottle. The bottle, however, hit bystander Chris Taupe in his head and shattered. A piece of glass from the shattered bottle flew into Michelle Green's eye, causing permanent damage. Green was a bystander, completely uninvolved other than being in the wrong place at the wrong time. D moved for a judgment of acquittal, arguing that there was no evidence that D intended to hit Green with the bottle and that the state was improperly relying upon the concept of transferred intent to convict him of aggravated battery. P requested the court to instruct the jury on the doctrine of transferred intent. The court gave the following requested instruction, over D's objection: Now if a person has an intent to strike one person and in attempting to strike that person actually - - accidentally strikes another person the striking is intentional. D was convicted of aggravated battery and appealed.