FULLER v. STATE

No. 2D05-5660.

942 So.2d 1039 (2006)

Thomas Edward FULLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

December 8, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee.


CANADY, Judge.

Thomas Edward Fuller appeals his judgment and sentence for aggravated assault with a deadly weapon. We affirm the denial of Fuller's motion for judgment of acquittal without comment. We conclude, however, that the jury instructions were—as the State concedes—fundamentally erroneous because they improperly "permitted the jury to convict [the defendant] of aggravated assault[, see § 784.021, Fla. Stat. (2004),] if one alleged...

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