REEDER v. STATE

No. 80-332.

399 So.2d 445 (1981)

Rosa Lee REEDER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 3, 1981.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Burke D. Chester, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee and Edward M. Chew, Asst. Atty. Gen., Daytona Beach, for appellee.


COWART, Judge.

Appellant was charged with aggravated assault, a violation of section 784.021(1)(a), Florida Statutes (1979), with the information alleging an assault with a deadly weapon "to-wit: a pistol." Apparently in an attempt to implement section 775.087(1), Florida Statutes (1979), the trial court instructed the jury that punishment for the crime was greater if during the commission of the crime the defendant carries, displays, uses, threatens to use or attempts...

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