Sanders v. State

Jessie Sanders, in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(c), raises two grounds alleging ineffective assistance of appellate counsel. We grant the petition as it relates to the first ground and deny, without discussion, the second ground. In the first ground of the petition, Sanders contends that appellate counsel was ineffective in failing to argue that the trial court fundamentally erred when it instructed the jury on an uncharged alternative theory of the offense of aggravated battery of a law enforcement officer. Sanders contends that the jury instruction was fundamentally erroneous because the verdict was a general one, which made it impossible to determine whether Sanders was convicted under the uncharged theory of the offense or the charged theory. We agree with Sanders contention, and we reverse Sanders conviction, vacate his sentence, and direct that he be retried.