Jaimes v. State, 51 So. 3d 445

Jaimes was convicted of aggravated battery by causing great bodily harm, a form not charged in the information.
The information charged aggravated battery by using a deadly weapon against Miller; the great bodily harm form was charged only via jury instruction.
The jury found Jaimes guilty of simple battery against Hornsby, aggravated battery with a deadly weapon against Proctor, and aggravated battery by causing great bodily harm against Miller.
The district court held the error was not preserved because defense counsel did not object, and deemed it non-fundamental under Weaver.
Florida Supreme Court held due process was violated because a conviction was based on an uncharged form of the offense, constituting fundamental error.
The remedy is remand to enter a verdict for the lesser included offense of simple battery.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is conviction for uncharged great bodily harm form fundamental error?	Jaimes argues due process was violated by convicting on an uncharged form.	State contends error was not preserved and not fundamental per Weaver.	Yes; fundamental error; reversal and remand for simple battery.
Should Weaver control be misapplied when defendant convicted of uncharged offense?	Weaver does not justify upholding such conviction here.	Weaver's framework absolves when no evidence on uncharged form; not applicable here.	Weaver misapplied; cannot justify affirming under Weaver; fundamental error present.
What is the proper remedy when a lesser included offense is supported?	Simple battery is a lesser included offense supported by the charging document and proof.	Remand procedures were not discussed; ensure correct sentencing.	Remand to enter verdict for the lesser included offense of simple battery.

State v. Delva, 575 So.2d 643 (Fla. 1991) (fundamental error analysis for omitted/unclear elements)
Weaver v. State, 957 So.2d 586 (Fla. 2007) (unexplained conviction on uncharged form not necessarily fundamental)
Gray v. State, 435 So.2d 816 (Fla. 1983) (charging document must allege essential elements)
State v. Sigler, 967 So.2d 835 (Fla. 2007) (elements required for simple vs. aggravated battery)
Price v. State, 995 So.2d 401 (Fla. 2008) (due process when conviction on uncharged charge)
Brown v. State, 124 So.2d 481 (Fla.1960) (due process and fundamental error principles)
Thornhill v. Alabama, 310 U.S. 88 (U.S. 1940) (conviction on charge not made violates due process)
Cole v. Arkansas, 333 U.S. 196 (U.S. 1948) (conviction on a charge not made violates due process)
Ray v. State, 403 So.2d 956 (Fla. 1981) (fundamental error doctrine and due process limits)
Perkins v. Mayo, 92 So.2d 641 (Fla.1957) (indispensable principle that concurrent elements cannot be charged differently)