VANCE v. STATE

No. 83-2455.

452 So.2d 994 (1984)

Major VANCE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 1, 1984.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and DANIEL S. PEARSON, JJ.


DANIEL S. PEARSON, Judge.

The defendant, Major Vance, was charged in an information with two counts of aggravated assault with a deadly weapon, a pistol. Despite ample evidence to sustain these charges, the jury returned a verdict finding the defendant guilty on each count of the lesser-included offense of improper exhibition of a dangerous weapon, a misdemeanor of the first degree. The trial court thereupon placed the defendant on probation for one year on each count...

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