BENITEZ v. STATE

No. 4D04-697.

901 So.2d 935 (2005)

Carlos BENITEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 26, 2005.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and James W. McIntire, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna M. Hoffmann, Assistant Attorney General, West Palm Beach, for appellee.


MAY, J.

The defendant appeals his conviction and sentence for aggravated assault on a law enforcement officer with a firearm, driving with a suspended driver's license, and driving under the influence. He argues the court erred in denying his motion for judgment of acquittal on the aggravated assault charge. We agree and reverse.

A sheriff's deputy saw a small white pickup truck driving toward him. It had no tail lights. The truck lurched as it proceeded slowly...

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