STUBBS v. STATE

No. 88-2921.

557 So.2d 230 (1990)

Ervin STUBBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 28, 1990.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia H. Alonso, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

Ervin Stubbs appeals from a conviction for aggravated assault with a deadly weapon.

We reverse and remand for a new trial. There were three errors:

1. The trial court erred in denying appellant's request for the jury to be instructed on the necessarily lesser included offense of simple assault, State v. Wimberly, 498 So.2d 929 (Fla. 1986) and Lomax v. State, 345 So.2d 719...

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