HIGGS v. STATE

No. 4D99-3958.

801 So.2d 269 (2001)

Jason HIGGS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 2001.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Alisa Smith, Special Assistant Public Defender, South Orange, NJ, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.


EN BANC

WARNER, J.

Appellant was charged with attempted murder of a law enforcement officer, attempted first degree murder, and attempted robbery. At trial, he requested a jury instruction on aggravated assault as a lesser included offense. The trial court denied the request on the ground that, although the evidence could support the charge, the information lacked the necessary allegation of fear to support a charge on aggravated assault. The jury...

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