Gaston v. State

District Court of Appeal of Florida

Gaston v. State

682 So. 2d 581, 1996 Fla. App. LEXIS 10910, 1996 WL 592695

CourtDistrict Court of Appeal of Florida

DecidedOctober 16, 1996

DocketNo. 95-03103

StatusPublished

Cited by1 cases

This text of 682 So. 2d 581 (Gaston 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

Gaston v. State, 682 So. 2d 581, 1996 Fla. App. LEXIS 10910, 1996 WL 592695 (Fla. Ct. App. 1996).

Pincite

Opinion

PER CURIAM.

The defendant argues, and the state concedes, that his conviction of the lesser offense of aggravated assault on a law enforcement officer with a firearm should be reversed because the information did not allege a necessary element, i.e., that the victim had a well-founded fear of imminent violence. See Velasquez v. State, 654 So.2d 1227 (Fla. 2d DCA 1995). Therefore, we reverse the conviction on this ground. On remand, the state may prosecute the defendant for the offense of aggravated assault on a law enforcement officer with a firearm or any lesser included offense. See Jaramillo v. State, 659 So.2d 1238 (Fla. 2d DCA 1995). The defendant may not be retried for attempted first degree murder of a law enforcement officer. Id.

Reversed and remanded.

THREADGILL, C.J., and LAZZARA and FULMER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The defendant argues, and the state concedes, that his conviction of the lesser offense of aggravated assault on a law enforcement officer with a firearm should be reversed because the information did not allege a necessary element, i.e., that the victim had a well-founded fear of imminent violence. See Velasquez v. State, 654 So.2d 1227 (Fla. 2d DCA 1995). Therefore, we reverse the conviction on this ground. On remand, the state may prosecute the defendant for the offense of aggravated assault on a law enforcement officer with a firearm or any lesser included offense. See Jaramillo v. State, 659 So.2d 1238 (Fla. 2d DCA 1995). The defendant may not be retried for attempted first degree murder of a law enforcement officer. Id.

Reversed and remanded.

THREADGILL, C.J., and LAZZARA and FULMER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

682 So. 2d 581, 1996 Fla. App. LEXIS 10910, 1996 WL 592695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaston-v-state-fladistctapp-1996.

Opinion

Related

Cite This Page — Counsel Stack