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AMMONS v. STATE

No. 92-638.

623 So.2d 807 (1993)

Johnny Lee AMMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 30, 1993.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Marilyn McFadden, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

We have for review Ammons' judgment of conviction and sentence for aggravated battery with a firearm. His sole point on appeal questions whether the trial court erred in not instructing the jury on the offense of improper exhibition of a firearm as a permissive lesser included offense of attempted first degree murder. We reverse.

The state charged Ammons with attempted premeditated murder in the shooting of Alphonso Williams. The court instructed...

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