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MILLER v. STATE

No. 2D05-532.

918 So.2d 415 (2006)

Gloria MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 20, 2006.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard P. Albertine, Jr., Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee.

ALTENBERND, Judge.

Gloria Miller appeals her judgment and sentence for aggravated assault with a deadly weapon. We reverse and remand for a new trial because the jury instruction on aggravated assault given in this case constituted fundamental error.

Ms. Miller was charged with one count of aggravated assault with a deadly weapon. The information charged that Ms. Miller threatened Trace Barnes "and/or" Katherine Zevetchin and that she created fear in Trace...

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