WADMAN v. STATE

No. 97-3802.

750 So.2d 655 (1999)

Charles WADMAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion Denying Rehearing November 10, 1999.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

The issue in this case is whether appellant Charles Wadman is entitled to a new trial because the trial court gave an incomplete and misleading jury instruction on circumstantial evidence. We hold that the instruction was prejudicial error and reverse.

Wadman was convicted of aggravated assault with a firearm contrary to sections 784.021 and 775.087(2), Florida Statutes (1997). He was sentenced to a three year mandatory minimum term of incarceration...

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