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336 So. 2d 695

Brewer v. State

District Court of Appeal of Florida · decided 1976-07-16

Relies on 324 So. 2d 630 - State v. White

Decided 1976-07-16

PE'R CURIAM.

¶1Appellant-defendant, Willard Lee Brewer, appeals a judgment adjudging him guilty and imposition of sentence for the offenses of aggravated assault and marring or injuring a fence.

¶2Upon review of the record on appeal and after consideration of the briefs and oral argument of counsel for the respective parties, we determine that the evidence adduced at trial was totally insufficient to support that part of the judgment adjudging defendant guilty of aggravated assault, i. e., there was no evidence demonstrating that the defendant’s act of pointing a gun at the victim created in the victim a well-founded fear of imminent bodily harm. See State v. White, 324 So.2d 630 (Fla.1975).

¶3Accordingly, that part of the judgment adjudging the defendant guilty of aggravated assault is reversed, and the sentence imposed thereon is vacated and set aside. In all other respects the judgment and sentence herein appealed is affirmed.

¶4Reversed in part, affirmed in part.

CROSS and DOWNEY, JJ., and FO-GLE, HARRY W., Associate Judge, concur.
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