DWIGHT DEVAUGHN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DWIGHT DEVAUGHN, APPELLANT,
STATE OF FLORIDA, APPELLEE
582 So. 2d 728
Florida District Court of Appeal, First District (1991)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant challenges his conviction for aggravated assault with a firearm, asserting error in the trial court’s refusal to give an instruction on the category 2 lesser included offense of improper exhibition of a firearm. Because we find that the pleadings and proof supported a charge for improper exhibition, it was error for the trial court to refuse the requested charge. See Meyer v. State, 501 So. 2d 8 (Fla. 4th DCA 1986); Janus v. State, 477 So. 2d 644 (Fla. 2d DCA 1985).
Accordingly, the judgment of conviction is reversed and the case is remanded for a new trial.
ERVIN, ZEHMER and MINER, JJ., concur.
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Marriott v. State, 605 So. 2d 985 (Fla. 4th DCA 1992)…PER CURIAM. We sua sponte consider this appeal en banc for purposes of receding from our position in Marriott v. State, 582 So. 2d 728 (Fla. 4th DCA 1991) (“Marriott I”), which we now deem to be erroneous. Michael Donovan Marriott brought this as a full appeal from an order entered pursuant to a Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief. The trial…
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Michaud v. State, 47 So. 3d 374 (Fla. 5th DCA 2010)…error not to give a requested instruction on an offense which is one step removed from the charged offense. Janus v. State, 477 So. 2d 644, 645 (Fla. 2d DCA 1985); see also Hill v. State, 593 So. 2d 290 (Fla. 2d [*377] DCA 1992); Devaughn v. State, 582 So. 2d 728 (Fla. 1st DCA 1991). In the instant case, the requested instruction was supported by both the information and the evidence. The information alleged, inter alia, that Michaud “did unlawfully and intentionally threaten by word or act to do violence t…
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Lemus v. State, 585 So. 2d 388 (Fla. 2d DCA 1991)…f the possibility of deportation, which rule became effective January 1, 1989. The new rule applies to Lemus’s case. A violation of this rule may entitle a defendant to postconviction relief upon a sufficient showing of prejudice. Marriott v. State, 582 So. 2d 728 (Fla. 4th DCA 1991). . In so doing he restyled his motion to include a prayer for coram nobis relief. Coram nobis remains available as a vehicle for raising "newly discovered evidence” where the petitioner is no longer "in custody” for purposes of…
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- Miroslav Janus v. State, 477 So. 2d 644 (Fla. 2d DCA 1985)
- Meyer v. State, 501 So. 2d 8 (Fla. 4th DCA 1986)