SCHEPMAN v. STATE

Nos. 5D13-2290, 5D13-2813.

146 So.3d 1278 (2014)

Kent Michael SCHEPMAN, Appellant, v. STATE of Florida, Appellee. and James Victor Asbury, Appellant, v. State of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 19, 2014.


Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Anne Moorman Reeves , Assistant Public Defender, Daytona Beach, for Appellants.

Pamela Jo Bondi , Attorney General, Tallahassee, and Allison Leigh Morris , Assistant Attorney General, Daytona Beach, for Appellees.


PER CURIAM.

Co-defendants Kent Schepman and James Asbury (collectively, "Defendants") appeal their convictions and sentences for principal to aggravated assault with a firearm, raising the same issue on appeal. They argue that the trial court committed fundamental error by giving a jury instruction that allowed the jury to find them guilty if they threatened one victim and caused fear in another. While the instruction was erroneous, the error was not fundamental because...

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