GERALD v. STATE

No. 1D13-1362.

132 So.3d 891 (2014)

Robert Lamar GERALD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 13, 2014.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, Glen P. Gifford , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, Jennifer J. Moore , Assistant Attorney General, Tallahassee, for Appellee.


THOMAS, J.

Appellant appeals his convictions for aggravated assault and battery. We conclude that the trial court properly denied Appellant's motion for judgment of acquittal, and affirm without comment. We, however, agree with Appellant that his conviction for aggravated assault must be reduced to simple assault, because the jury's verdict of guilt as to aggravated assault is truly inconsistent with its specific finding on the verdict form that Appellant did not...

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