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STATE v. SALTERS

No. 93-02859.

634 So.2d 1095 (1994)

STATE of Florida, Appellant/Cross-Appellee, v. Terry W. SALTERS, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 21, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Atty. Gen., Tampa, for appellant/cross-appellee.

James Marion Moorman, Public Defender, Bartow, and Timothy J. Fairer, Asst. Public Defender, Bartow, for appellee/cross-appellant.

THREADGILL, Judge.

The state appeals an order granting Terry W. Salters' motion for new trial. Salters was charged with aggravated battery with a firearm and convicted of aggravated assault with a firearm. The trial court correctly granted the motion for new trial because the court failed to instruct the jury on a charge of improper exhibition of a firearm, a permissive lesser included offense. See Walker v. State, 609 So.2d 106...

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