ZAMA v. STATE

No. 4D09-1324.

54 So.3d 1075 (2011)

Dezman ZAMA, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

March 2, 2011.


Attorney(s) appearing for the Case

Dan Hallenberg of the Law Office of Dan Hallenberg, P.A., Fort Lauderdale, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Laura Fisher , Assistant Attorney General, West Palm Beach, for appellee.


POLEN, J.

Appellant, Dezman Zama, was convicted of aggravated assault with a deadly weapon. We reverse for a new trial because the trial court, in response to a question from the jury, gave an erroneous instruction by expanding on the fear element of assault.

Appellant was on trial for attempted second degree murder. His defense was that, after being forcibly escorted out of a nightclub by security personnel, he accidently shot his gun into the club, not realizing...

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