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DEVAUGHN v. STATE

No. 90-3640.

582 So.2d 728 (1991)

Dwight DEVAUGHN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 19, 1991.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Nancy L. Showalter, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Virlindia Doss, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

Appellant challenges his conviction for aggravated assault with a firearm, asserting error in the trial court's refusal to give an instruction on the category 2 lesser included offense of improper exhibition of a firearm. Because we find that the pleadings and proof supported a charge for improper exhibition, it was error for the trial court to refuse the requested charge. See Meyer v. State, 501 So.2d 8 (Fla...

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