Mr. Weaver was convicted of battery on a law enforcement officer and sentenced to prison. On appeal, he argued his constitutional rights to due process and a unanimous verdict were violated because the jury was instructed on two alternate forms of committing a battery on a law enforcement officer but only one form was included in the charge against Mr. Weaver. The Second District Court of Appeal reversed his conviction but also asked this Court to determine whether the jury instruction in this trial constituted fundamental error.