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Devaughn v. State

582 So. 2d 728, 1991 Fla. App. LEXIS 6884, 1991 WL 119685
CourtDistrict Court of Appeal of Florida
DecidedJuly 3, 1991
DocketNo. 90-3640
StatusPublished
Cited by2 cases

This text of 582 So. 2d 728 (Devaughn v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Devaughn v. State, 582 So. 2d 728, 1991 Fla. App. LEXIS 6884, 1991 WL 119685 (Fla. Ct. App. 1991).

Opinion

PER CURIAM.

Appellant challenges his conviction for aggravated assault with a firearm, asserting error in the trial court’s refusal to give an instruction on the category 2 lesser included offense of improper exhibition of a firearm. Because we find that the pleadings and proof supported a charge for improper exhibition, it was error for the trial court to refuse the requested charge. See Meyer v. State, 501 So.2d 8 (Fla. 4th DCA 1986); Janus v. State, 477 So.2d 644 (Fla. 2d DCA 1985).

Accordingly, the judgment of conviction is reversed and the case is remanded for a new trial.

ERVIN, ZEHMER and MINER, JJ., concur.

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Related

Michaud v. State
47 So. 3d 374 (District Court of Appeal of Florida, 2010)
Rigdon v. State
621 So. 2d 475 (District Court of Appeal of Florida, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
582 So. 2d 728, 1991 Fla. App. LEXIS 6884, 1991 WL 119685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devaughn-v-state-fladistctapp-1991.