SMITH v. STATE

No. AO-146.

435 So.2d 961 (1983)

Eugene Conrad SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 5, 1983.


Attorney(s) appearing for the Case

Michael Allen, Public Defender, Paula S. Saunders, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Richard A. Patterson, Asst. Atty. Gen., for appellee.


MILLS, Judge.

Smith was charged with aggravated battery. The jury found him guilty of improper exhibition of a firearm, a lesser included offense. He contends the trial court erred in charging the jury on the lesser included offense and in denying his motion for arrest of judgment. We affirm.

Improper exhibition of a firearm is a category 2 lesser included offense of aggravated battery which may or may not be included in the offense charged, depending on the...

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