Stubbs v. State

District Court of Appeal of Florida

Stubbs v. State

557 So. 2d 230, 1990 Fla. App. LEXIS 1176, 1990 WL 17504

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 1990

DocketNo. 88-2921

StatusPublished

This text of 557 So. 2d 230 (Stubbs 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

Stubbs v. State, 557 So. 2d 230, 1990 Fla. App. LEXIS 1176, 1990 WL 17504 (Fla. Ct. App. 1990).

Pincite

Opinion

PER CURIAM.

Ervin Stubbs appeals from a conviction for aggravated assault with a deadly weapon.

We reverse and remand for a new trial. There were three errors:

1. The trial court erred in denying appellant’s request for the jury to be instructed on the necessarily lesser included offense of simple assault, State v. Wimberly, 498 So.2d 929 (Fla.1986) and Lomax v. State, 345 So.2d 719 (Fla.1977).

2. As conceded by the State, the judgment is in error in classifying the offense a second degree felony. It is a third degree felony.

3. As conceded by the State, the judgment improperly imposed court costs when such issue was never addressed by the trial court.

REVERSED and REMANDED for further proceedings consistent herewith.

DOWNEY, ANSTEAD and WALDEN, JJ., concur.

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