Fourth DCA Upholds Aggravated Battery Conviction Where Gun Was Used as a Bludgeon
The Fourth District Court of Appeal recently issued a per curiam affirmance in Gregory Alexander v. State of Florida, a criminal appeal arising out of Broward County. The court upheld the trial court’s ruling without a lengthy written analysis, citing two prior Fourth DCA decisions to support its conclusion.
Background
The case came up from the Circuit Court for the Seventeenth Judicial Circuit in Broward County. Gregory Alexander was represented on appeal by the Public Defender’s office, and the State was represented by the Attorney General’s office.
What the Court Decided
The Fourth District affirmed the lower court’s ruling. Rather than writing a full opinion, the court issued a per curiam affirmance—a short-form decision issued in the name of the court as a whole—and cited two supporting prior decisions. Both prior cases address the same legal issue: whether a handgun used to strike or bludgeon a victim can support a conviction for aggravated battery with a deadly weapon, even when the gun is not fired. The Fourth DCA has consistently answered yes in these circumstances, and this decision is consistent with that line of cases.
What Is a Per Curiam Affirmance?
A per curiam affirmance—commonly called a PCA—is a decision that affirms the lower court without a written explanation of the court’s reasoning. In Florida, a PCA from a district court of appeal cannot be appealed to the Florida Supreme Court based on conflict with another district’s decisions alone. That means a PCA, while binding within the district, does not create the kind of published precedent that can be used to push a legal question up to the Supreme Court the same way a full written opinion can.
PCAs are common in criminal appeals, particularly where the appellate court concludes the legal questions are settled. The fact that the Fourth DCA cited two prior decisions—rather than just affirming outright—signals that the court viewed the law as clear and the outcome as controlled by existing precedent.
Why This Matters
Aggravated battery with a deadly weapon is a serious felony charge in Florida. One issue that comes up in these cases is whether an object qualifies as a “deadly weapon” and how it was used. A firearm used as a bludgeon—swung or used to strike rather than fired—has been treated by Florida courts as a deadly weapon for purposes of this charge. The Fourth DCA’s decision here reinforces that the manner in which a weapon is used, not just what it is, matters in these cases.
Read the full opinion: Alexander v. State, Fourth District Court of Appeal, 2026 — search the 4DCA written opinions archive
How Sanchez Vaughn Trial Lawyers Can Help
Aggravated battery and weapons charges carry serious consequences in Florida, including lengthy prison sentences and a permanent felony record. At Sanchez Vaughn Trial Lawyers, we defend clients throughout the Tampa Bay area facing these charges—including cases where the prosecution’s theory depends on how an object was allegedly used rather than its conventional purpose. If you or a loved one is facing an aggravated battery or weapons charge, contact us for a straightforward conversation about your options.