M.A.A. v. State
This text of 834 So. 2d 963 (M.A.A. 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.
Opinion
Based on the state’s proper confession of error we vacate the withheld adjudication for second degree aggravated assault with a deadly weapon because the evidence presented was legally insufficient. However, the evidence is sufficient to support a judgment of guilt for the lesser included offense of improper exhibition of a weapon under section 790.10, Florida Statutes (2001). On remand, we direct the court to enter a judgment of guilt on the lesser offense and to re-sentence M.A.A. See [964]*964Turner v. State, 771 So.2d 1286 (Fla. 4th DCA 2000).
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Cite This Page — Counsel Stack
834 So. 2d 963, 2003 Fla. App. LEXIS 458, 2003 WL 142519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maa-v-state-fladistctapp-2003.