Devaughn v. State

District Court of Appeal of Florida

Devaughn v. State

582 So. 2d 728, 1991 Fla. App. LEXIS 6884, 1991 WL 119685

District Court of Appeal of Florida·Decided July 3, 1991·No. No. 90-3640·Published·Cited by 2 cases

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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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.

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

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