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MEYER v. STATE

No. 85-773.

501 So.2d 8 (1986)

Brian Richard MEYER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

On Motion for Clarification February 18, 1987.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Noel A. Pelella, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant-defendant was convicted on two counts of aggravated assault. The state charged that he pointed a firearm from one vehicle at the victims in another. The trial court denied appellant's requested jury instruction on the lesser included offense of improper exhibition of a firearm. No other "lessers" were requested. Improper exhibition of a firearm is a category II lesser included offense of aggravated assault. In the Matter of the Use by Trial...

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