No. 95-03103 | Fla. Dist. Ct. App. | Oct 16, 1996
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" date_filed="1995-05-05" court="Fla. Dist. Ct. App." case_name="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" date_filed="1995-08-25" court="Fla. Dist. Ct. App." case_name="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.