FERNANDEZ v. STATE

No. 89-00031.

570 So.2d 1008 (1990)

Elio Frank FERNANDEZ, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 12, 1990.


Attorney(s) appearing for the Case

J. Thomas Wright, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.


ALTENBERND, Judge.

Elio Frank Fernandez, Jr., appeals his conviction for aggravated assault. We reverse his conviction because the trial court did not instruct the jury as requested on the category two lesser-included offense of discharging a firearm in public.

The witnesses agree on the basic facts preceding this incident, but dispute the crucial facts of the incident itself. On the night of March 29, 1988, David Reynolds, the alleged victim, and three of...

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