BOONE v. STATE

No. 4D00-4634.

805 So.2d 1040 (2002)

Albert BOONE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 19, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Frank J. Ingrassia, Assistant Attorney General, Fort Lauderdale, for appellee.


PER CURIAM.

We reverse appellant's conviction for one count of improper exhibition of a dangerous weapon.

The trial judge granted appellant's motion for judgment of acquittal at the close of the state's case on the crime charged in Count II of the information, aggravated assault with a deadly weapon. Appellant took the stand in his defense and rested. During the charge conference, at the state's suggestion, the trial court revisited Count II and decided that...

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