MITCHELL v. STATE

No. 1D03-2478.

888 So.2d 665 (2004)

Fredrick B. MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 21, 2004.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.

Charles J. Crist, Attorney General, and Shasta W. Kruse, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Fredrick Mitchell appeals his conviction and sentence for aggravated assault, contending (1) that the trial court erred by denying his motion in arrest of judgment, because the jury found him guilty of an offense the state did not charge in the information, and (2) that the court committed fundamental error by giving the jury the standard instruction on aggravated assault, thereby permitting the jury to return...

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