KONRATH v. STATE

No. 5D07-3870.

997 So.2d 1281 (2009)

Timothy William KONRATH, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 9, 2009.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Henry T. Swann, III and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


PER CURIAM.

Although the State failed to prove that Timothy Konrath, Jr. committed the crime of aggravated assault with a firearm, all of the elements of the lesser included offense of improper exhibition of a firearm were determined by the jury verdict to have been established. See § 790.10, Fla. Stat. (2006) ("If any person having or carrying any ... firearm ... shall, in the presence of one or more persons, exhibit the same in a ... threatening manner...

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