Published: Mar 06, 2013 11:19 AM EST
Updated: Mar 06, 2013 5:50 PM EST

LEE COUNTY, Fla.- There was confusion in the courtroom this morning, over charges against the man accused of trying to kill his wife by driving a car into their house.

Cape Coral Police say Jose Acevedo crashed his mini-van into the home on SW 16th Terrace, knowing his wife and 7-year-old son were inside. Police say, Acevedo then grabbed an aluminum baseball bat and beat his wife's face and body in front of their little boy. The confusion today came when prosecutors weren't sure whether the woman was alive or dead. According to the State Attorney's Office, we now know the victim is still alive.

This morning, a judge spoke to Acevedo through a translator. Acevedo was arrested on attempted murder charges, but when a murder charge was read it court, it led to confusion over his wife's condition.

Judge: "Does the State have anymore information for the court? Because I see this charge has been changed to the Second Degree Murder..."
State Attorney's Office: "Your Honor, it must've just changed...I believe the victim must've passed away. It was not like this this morning, so I would have to confirm that."

The judge gave the State 24 hours to figure out what charges Acevedo should face.

Acevedo will be back in court tomorrow morning.