Devaughn v. State, 582 So. 2d 728

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.

Case Details

Case Name: Devaughn v. State

Court Name: District Court of Appeal of Florida

Date Published: Jul 3, 1991

Citations: 582 So. 2d 728; 1991 WL 119685; 1991 Fla. App. LEXIS 6884; No. 90-3640

Docket Number: No. 90-3640

Court Abbreviation: Fla. Dist. Ct. App.