STATE v. BALE

No. 76-1243.

345 So.2d 862 (1977)

STATE of Florida, Appellant, v. Mark BALE, Appellee.

District Court of Appeal of Florida, Second District.

May 11, 1977.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender and Robert H. Grizzard, II, Asst. Public Defender, Bartow, for appellee.


OTT, Judge.

Appellee was charged by information with aggravated assault. The information stated that appellee "... unlawfully did assault [the victim] with a deadly weapon, to wit: a gun... ."

The case went to trial before a jury. The judge declined to permit the state to introduce a proffered gun into evidence because of the failure to sufficiently connect that gun with the appellee. At this point the appellee sought to change his plea from not guilty to...

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