M.A.A. v. State

District Court of Appeal of Florida

M.A.A. v. State

834 So. 2d 963, 2003 Fla. App. LEXIS 458, 2003 WL 142519

District Court of Appeal of Florida·Decided January 22, 2003·No. No. 3D02-2398·Published

Opinion

PER CURIAM.

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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PER CURIAM.

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).

M.A.A. v. State, 834 So. 2d 963, 2003 Fla. App. LEXIS 458, 2003 WL 142519 (Fla. Ct. App. 2003).

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Opinion

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