CHRIST v. STATE

No. 2D11-4996.

104 So.3d 1262 (2013)

Noel Emerson CHRIST, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 9, 2013.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Allyn M. Giambalvo , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Timothy A. Freeland , Assistant Attorney General, Tampa, for Appellee.


CRENSHAW, Judge.

Noel E. Christ appeals his judgment and sentence to 69.45 months' prison for aggravated assault with a deadly weapon. Because the trial court erred by failing to give the requested jury instruction on improper exhibition of a dangerous weapon as a lesser-included offense of aggravated assault, we reverse and remand for a new trial.

At trial, the State presented evidence that on January 31, 2010, Christ caused a disruption inside a Bradenton...

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