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582 So. 2d 728

Devaughn v. State

District Court of Appeal of Florida · decided 1991-07-03

Relies on 477 So. 2d 644 - Janus v. State · 501 So. 2d 8 - Meyer v. State

Decided 1991-07-03

PER CURIAM.

¶1Appellant 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).

¶2Accordingly, the judgment of conviction is reversed and the case is remanded for a new trial.

ERVIN, ZEHMER and MINER, JJ., concur.
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